Just last term the United StatesSupreme Court held in McNeely v. Missouri, that a warrant is presumptively required before obtaining a blood sample from a drunk driving supsect. However this week, in Navarette v. California, the United States Supreme Court, in a 5-4 decision, held that a police officer does…
In Missouri v. McNeely, the Supreme Court held: “In those drunk-driving investigations where police officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so.” At first blush, it appeared the main…
Monday, March 17 is St. Patrick’s Day and the police will be ready so beware. A Prince George’s County Police press release stated: PGPD to Conduct St. Patrick’s Day Sobriety Checkpoint. Last year, nearly 550 drivers were arrested for DUI across Maryland on the St. Patrick’s Day weekend. We’re committed…
In Maryland courts, hundreds of DUI (driving under the influence) and DWI (driving while impaired) cases are heard every day. The vast majority of cases are resolved by the defendant pleading guilty on the terms offered by the prosecutor whether the defendant has a lawyer or not. However, in state…
The U.S. Supreme Court held oral argument yesterday in the case of Navarette v. California. This case presents the important issue of when police can stop a car based on an anonymous tip without corroborating the details provided by the caller. An anonymous caller informed police that Navarette’s vehicle was…
Electronic signs all over Maryland are telling drivers about the new laws that kicked in today. What exactly is going on? Two offenses that were previously denominated as secondary actions have been changed to primary actions. As the 90 day legislative report states: Senate Bill 339/House Bill 753 (both passed)…
The Supreme Court today announced its opinion in Missouri v. McNeely and ruled that police in DUI investigations may not automatically avoid seeking a search warrant to obtain a blood sample where the defendant does not consent to a blood test. This is the third win as amicus curiae for…
Today, the Supreme Court heard argument in the case of Missouri v. McNeely. The case involved police obtaining a blood alcohol test without a warrant. The officer, who had previously had no difficulty obtaining warrants before getting blood samples in DUI cases had mistakenly believed that Missouri law had changed.…
Today the Supreme Court granted certiorari sought by Missouri in Missouri v. McNeely. McNeely was suspected of DUI when police had blood withdrawn without a warrant. The Supreme Court of Missouri held that a warrant was required when the facts fell outside the narrow exception created in Schmerber v. California.…
Click below to listen to Lenny Stamm’s interview with DJ Kirk McEwen on WBAL on Thursday, February 2, 2011 at 9 p.m. 01 WBAL-AM Post Delay.mp3 02 WBAL-AM Post Delay.mp3 If you are facing criminal or traffic charges in Maryland state or federal court, call Leonard R. Stamm or Johanna…