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

Criminal Law

: Fourth Amendment

MD: Continuing stop without RS required suppression

By John Wesley Hall, Jr.

Defendant’s continued stop lacked any reasonable suspicion, and the search suppressed. Nervousness alone is not enough. King v. State, 2010 Md. App. LEXIS 111 (July 7, 2010)*: Lacking here, however, is any reasonable articulable suspicion that the occupants of the car were engaged in any criminal activity. Thus, the seizure was not reasonable. After conducting illuminated visual sweeps of the vehicle by search light and flashlight, Officer Chindblom observed no indication of criminal activity. Conversations with the four occupants revealed nothing constituting articulable suspicion of criminal activity. Neither McBride’s nor King’s perspiration or nervous appearance, alone, was enough to suggest criminal wrongdoing. [citation omitted] The officer did not smell any odor of illicit drugs...continue to full post

Full post as published by Fourth Amendment on July 09, 2010 (boomark / email).