When the police or prosecutor on a case gets information against the defendant from someone who has a shady past, or simply someone with a bad memory—the stakes are high. Eyewitness identifications and testimonies are given much credit at trial, but are far from foolproof. Being cited in numerous cases of later exoneration, the District of Columbia is taking steps to help maintain the integrity of the use of witnesses and prevent such wrongful convictions. [Read more…]
Maryland State Police Must Hand Over Racial Profiling Data
A Maryland Court of Appeals has ruled in favor of the NAACP in their effort to obtain racial profiling data from the state police’s internal investigations reports. Previously, the state police had denied requests, stating the information within should be protected as personnel files. The Court saw otherwise. [Read more…]
Will Maryland Be Next for Marijuana Decriminalization?
A bill that would decriminalize possession of less than one ounce of marijuana has been introduced into the Maryland legislature by Senator Bobby Zirkin. And while this would seem as a promising move at first blush, many don’t believe Maryland is ready for any truly liberation of the plant. [Read more…]
Cop Challenges Baltimore Speed Cameras and Wins
Just last month we blogged about the trouble with Baltimore speed cameras. But B-more isn’t the only metropolitan area having issues with these money-making headaches. Metro P.D. Sergeant Mark Robinson tried to get the city of D.C. to pay attention to the problems with their cameras, but they wouldn’t listen. It wasn’t until he got nailed with one himself and challenged it in court that he found success. And this level of success could be a major problem for D.C. city officials. [Read more…]
Baltimore’s Speed Cameras A Money-Making Problem
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| Traffic Cameras (Photo credit: Dave Dugdale) |
Since 2009, the city of Baltimore has collected more than $70 million in fines from cameras designed to catch speeders. Statewide, more than 2.5 million tickets have been doled out. But both Baltimore City and the state of Maryland’s speed camera systems are seriously flawed, sending tickets to people who weren’t speeding and doing little more than causing headaches for drivers.
The Baltimore Sun reported a few weeks ago on their in-depth investigation into the cameras, finding the system of speed cameras is wrought with problems—problems the city is well-aware of but still they stand with hands outstretched to collect on the fines.
The city has led citizens to believe that when they get a ticket from one of these cameras, they are to pay it, plain and simple. That there is no viable process for contesting it. After all, it’s a computerized machine and they don’t make mistakes, right?
But, the system does make mistakes, and plenty of them. Nearly 6,000 tickets have been “deemed erroneous” by city officials because the cameras were miscalibrated or malfunctioning. But we don’t know how many more tickets were erroneous and never contested, as many people just mail in a check rather than deal with the headache of challenging the ticket.
Also, the tickets generated from these machines usually don’t hold up in court because of “glitches in the data” or the prosecution’s inability to produce evidence. Most citizens don’t realize that in addition to the photo these cameras take, they also take videos that can often be used to exonerate you in court.
Citizens aren’t the only ones critical of the system, several area judges have criticized it in open court.
“With so many problems being reported with the city’s system, the integrity of the program is called into question,” said Regina Averella of the AAA Mid-Atlantic. “It’s difficult for motorists to have faith in the system and believe it’s not about raising money instead of saving lives as it was intended.”
And with so many questions about the cameras’ reliability, one has to wonder if the city cares how they are working, and would just rather have people shut up and pay up. It seems Mayor Stephanie Rawlings-Blake would like nothing more than that, telling people to simply obey the speeding laws if they don’t like it, calling the tickets a “minor inconvenience.”
While speeding tickets may seem like a minor concern—too many can cause you to lose your license. And if you are speeding too fast, you could be charged with a criminal traffic offense.
“Special Police” Create Special Problems
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| baltimore (Photo credit: Michael Musson) |
In Maryland, as well as several other states, some security guards have the power of arrest. But here in Maryland, unlike those other states, these guards—referred to as “special police”—don’t have to go through any actual law enforcement training and often have no idea when it comes to due process and protecting the constitutional rights of those they are arresting. This must change.
The Baltimore Sun reports that legislation may soon be crafted to tighten the reins on these security professionals.
The law allows these guards to have law enforcement powers. This can be helpful when there simply isn’t enough officers around to get the job done. It can save the city and the taxpayers money. But, when there are no rules or regulations in place to control these “special police”, it’s an accident or lawsuit waiting to happen.
Of course these security firms– used in colleges, libraries, and other public places—have their own training programs and rules, but they aren’t taught about probable cause, and likely aren’t taught much about unreasonable searches and seizures.
“There aren’t enough checks and balances in the system to prevent a catastrophe from happening,” said Senator James Brochin. “[Security guards] don’t know what probable cause is, they don’t know the rules of the game. We need to fix this.”
There will be a special hearing by the city council on how the city manages these special police licenses, according to the president of the council Bernard C. “Jack” Young.
“We cannot have renegades,” said Young. “They have to have some kind of training in place. They have to be clearly identifiable, so we’ll know who to call when there is an issue or a problem…This is scary.”
Concerns came to a head this past summer when residents of the Cherry Hill community filed a lawsuit alleging that private security working for a property management company have been “terrorizing them.” The residents allege that the special police have been exceeding their authority, pushing boundaries, often with the support of police officials.
Security agencies can apply for these special police licenses, which are granted by the city. But many are wondering if the licensing practice should just be stopped.
“The new police commissioner will have an opportunity to review the program and evaluate it with a fresh set of eyes,” said Ryan O’Doherty, spokesman for the Mayor’s office.
Currently, there are around 1,000 security guards in the state with special police power—too many to be running around with badges and guns but without knowledge of the law.
If you are arrested and charged with a crime, whether it was a security guard or a cop, you have rights. Whether they found cocaine on you or if you are a domestic violence suspect, we may be able to help. Contact our offices today to discuss your case and the legal options available to you.
New Maryland Marijuana Possession Law
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| Marijuana Small Amount (Photo credit: Wikipedia) |
As of the first of this month, a new marijuana possession law took effect in the state of Maryland. The law changed penalties for those caught with small amounts of pot. Officials are hoping the change will free up the courts and streamline misdemeanor possession cases.
Prior laws required up to one year in jail and a $1,000 fine for marijuana possession involving less than 10 grams. Now, however, the maximum penalty you will face for this charge is 90 days in jail and $500 in fines.
In May, when Governor Martin O’Malley signed the bill into law, the Washington Times stated the law would also require those cases to be decided by a judge rather than a jury. This would further simplify the process and speed cases along.
“It’s much simpler, it’s much cleaner and we can get people into treatment faster,” said the bill’s sponsor Sen. Jamin B. Raskin. “We should be trying to get people into drug treatment rather than having their cases drag on for a year or two.”
The problem with the way things were, aside from the fact that the state was threatening a far too lengthy sentence for a little bit of pot, was that the imposed sentences rarely lived up to the threat, though the cases would spend months and even sometimes years in progress, clogging the courts with relatively minor cases.
Many states are going the way of more lenient pot possession laws, or all-out decriminalization. Colorado, Washington, and Oregon will all vote in coming weeks to make recreational marijuana legal altogether. But here in Maryland, a little bit of progress is progress nonetheless.
“Anything that we can do to bring more reason and balance into our drug laws will reduce costs in the criminal justice system and prisons and will benefits everybody,” said Sen. Raskin.
It’s all about priorities. When you lessen the amount of time and resources it takes to process a relatively minor pot possession case, it frees up the resources to handle more serious cases. Spending inordinate amounts of money to prosecute people caught with enough marijuana to fill a few joints is hardly worth it.
The bill passed the Senate 41-5 and the House 92-31.
If you are caught with marijuana, or any other drug, you still need an advocate on your side. Criminal convictions stay on your record and can tarnish your image and hinder your ability to find work or even a place to live. If you are charged with a drug offense in the state of Maryland, contact us to discuss your options.
Medical Examiner Rules Cop Custody Case a Homicide
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| USA – MD – City of Baltimore Police (Photo credit: conner395) |
Forty-six-year old Baltimore resident Anthony Anderson died last month while in police custody. The cops said he choked on drugs, but his family wasn’t buying it. This week, the Office of the Medical Examiner ruled the case a homicide.
According to CBS Baltimore, police say the case is still under investigation and only after their investigation is over will the city state’s attorney determine if any criminal charges are warranted. For anyone not related to the police department—this isn’t good enough.
Anderson was leaving a store with his family on the evening of Sept. 21 when he was stopped by officers investigating drugs. Reports indicate witnesses saw undercover narcotics officers grab Anderson and throw him to the ground. There are reports of him being kicked and laughed at by police. Some witnesses say the police tried to prop up his unresponsive body when removing him from the scene to cause less alarm.
But the alarm was already raised. The incident happened in front of his children, his mother, and his 2 and 9-year old grandchildren.
Official cause of death: homicide—“massive internal bleeding from blunt force injuries, including a ruptured spleen and multiple fractured ribs.”
The cops initially said Anderson had choked on drugs he was concealing. But a leaked autopsy report indicated he had no drugs in his system.
“I’m hoping that this officer will not be treated any differently than anyone else who murders someone in the streets of Baltimore City, because that’s what this family and that’s what I consider it to be,” said an attorney representing Anderson’s family.
But too often we’ve seen police get away with crimes that would have sent a regular citizen to prison. Why the seeming disparity? There are several possible reasons, including the fact that a prosecutor knows it will be harder to convict a cop so they are less likely to bring charges, the massive support that is usually behind a police officer regardless of the evidence against them, and the fact that police officers are usually provided lawyers from their local union to represent them against any charges.
What will happen in this case is anyone’s guess at this point, but one thing is for certain—a lack of criminal charges will only deepen the rift between the police of the city and the people they serve.
If you are charged with a drug crime, an assault offense, or any other criminal charge, contact me today. I can offer a free consultation and we can discuss your legal options.
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DC Officially Recognizes Citizens’ Right to Record Cops
Because the police needed an official rule to alert them to the fact that citizens can record them while on duty and not face arrest, the Metropolitan Police Department of DC has issued a new general order making it very clear. The order came on the heels of a lawsuit where a citizen working with the ACLU sued the city for violating his rights when he was arrested for taking photos of police while on duty.
According to The Legal Times, the order, “explicitly recognizes and instructs all the members of the police department that people have a constitutional right to video and audio record them while they’re doing public business in a public place.”
Gwendolyn Crump, a spokesperson for the department said that the rule was already a part of departmental policy, but that the new statement simply affirms and clarifies the people’s right to free speech in regards to police action.
The lawsuit involved a man who was taking photos of traffic when he police confronted him in Georgetown. He said they told him it was illegal to take such photos without permission from the office of public affairs. He was detained and asked for identification. The lawsuit was eventually settled on July 13, shortly before the statement came out from the Metropolitan Police Department.
If you are recording police while they are acting within their official duties and in public, they cannot harass you. However, if you interfere with their work or if your footage may contain evidence from a crime, they can take action to stop you or request you send the footage or photos in to the department.
If police do seize the camera or recording device, the order notes that they can’t review anything without a warrant or, in “exigent circumstances,” without permission from the watch commander. It also notes that police can’t delete or order someone to delete photographs, videos or audio recordings.
Erasing photos and footage has been a problem in a few jurisdictions when police didn’t want their images captured and certainly didn’t want evidence of their work being made public.
Attorneys suggest the language of the statement from the police department was part of the settlement.
What constitutes as interfering with police work? Well, that’s largely up to the police officer in question. Simply mouthing off at the wrong time could give an aggravated officer enough motivation to take your camera and arrest you for a criminal offense of disorderly conduct.
Sometimes, the way law enforcement works puzzles even legal experts. But if you are charged with a crime, the assistance of a local defense lawyer can be invaluable. Contact our offices today to discuss your case and how we might be able to help.
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When Cops Use Cameras Too
Baltimore-Area Speeders Take Out Aggression on Speed Cameras
No one likes to feel caught red-handed, especially when it’s for something they know everyone is doing and done without warning. This could be part of the reason Maryland drivers are taking out their frustrations on speed cameras and the vehicles that carry them.
According to the Baltimore Sun, several area speed camera vans and stationary speed cameras. have been vandalized in recent years. They have been pelted with rocks, covered in spray paint, beaten with hammers, nailed with marbles, and covered in post-it notes.
There are about 100 of these cameras in the Baltimore area. Some are hidden in vans and other vehicles while others are mounted on posts. They monitor passing cars and generate traffic tickets which are mailed to speeding drivers.
Many people see the speed cameras as sneaky traps, ways for the city or area to raise revenue without working for it.
A 2009 state law allowed local jurisdictions to install them. Since then, areas have collected generous revenue. In Howard County, who has only been using the cameras for six months, more than 15,000 tickets have been sent out and more than $480,000 has been collected.
“I think most of the citizens I’ve talked to in the county resent the ‘Big Brother’ policy that the camera represents,’ says Anne Arundel County Executive John R. Leopold. Anne Arundel County is not using the cameras largely because the residents there don’t want them.
Way back in 2008, cops tried to figure out who was covering the cameras in post-it notes. Now, however, vandals have gotten a little more advanced, spraying them with paint, nailing them with marbles as they pass, or even setting them on fire.
One man, who admitted to throwing marbles at the speed camera vans was actually followed by one of the vans until he stopped. Then the police were called and the suspect was charged with second-degree assault, destruction of property, and reckless endangerment—far more than a speeding ticket.
Some of the cameras are difficult to see, leading people to feel like they’ve been tricked. But municipalities make a good point when they say, you shouldn’t be speeding whether or not a camera is there.
Vandalism at the expense of speed cameras may seem sometimes-humorous, like a prank committed in frustration. But, these “pranks” can lead to serious criminal charges.
If you are accused of vandalism, reckless endangerment, or other criminal charges for something you regret, you need someone on your side working for your best interests. Contact our offices today to discuss your case. We can offer a free consultation and some potentially valuable legal advice.