ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Criminal Law

: Fourth Amendment

MD: State's changing theory on suppression after evidence in denied defendant a fair hearing; lifting shirt exceeded frisk

By John Wesley Hall, Jr.

ADVERTISEMENTS
State’s changing theories of the justification for the warrantless search of the defendant’s person after the proof closed denied the defendant a fair opportunity to litigate the search issue. “We hold that the suppression hearing ruling, based on an unraised, undeveloped, and unargued Fourth Amendment theory, was in error and that the physical evidence should, therefore, have been suppressed.” Then, the lifting of defendant’s shirt after the frisk exceeded the scope of the frisk, and it violated the Fourth Amendment. Epps v. State, 2010 Md. App. LEXIS 90 (May 28, 2010): Directing the appellant to lift his shirt went beyond the limited scope of a frisk. It revealed “a small, clear plastic baggie … protruding from the top of his pants...continue to full post

Full post as published by Fourth Amendment on June 04, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0153 secs (new cache)