A man was recently killed following a traffic stop in Northeast Baltimore. While the police aren’t saying much, witnesses are speaking out against a disturbing scene that played out, alleging Baltimore police and officers from Morgan State University ganged up on the man and beat him until he died. [Read more…]
Baltimore Cop Who Choked And Killed Teen Not-Guilty
A Baltimore police officer was found not guilty of manslaughter (voluntary and involuntary) in the death of 17-year old Christopher Brown this week. Officer James D. Laboard didn’t deny that he killed the youth but the jury determined his actions didn’t break the law. [Read more…]
Man’s Death Ruled “Homicide” While In Police Custody
Twenty-six year old Robert Saylor’s death has been ruled a homicide by a Frederick County Medical Examiner. As with most cases involving death while in police custody, the details on this one are a bit hazy. According to the Huffington Post, all three officers involved are still working their normal assignments. [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.
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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Local Cops Under Investigation for Kidnapping, Assaulting Teen
Memorial Day weekend is often a busy time for law enforcement—people are out in droves celebrating and enjoying the warmer weather. But the weekend turned traumatic for at least one Prince George’s County teen, who was leaving a party with two friends when he was assaulted and kidnapped.
According to MyFoxDC.com, three teens were at an afternoon barbeque that lasted into the night. They were eventually asked to leave after the homeowner accused them of stealing something, an accusation they deny. As they were wandering around the neighborhood, two on bikes and one on foot, they were approached by two men.
It isn’t clear if the men identified themselves, but the teens didn’t seem to know they were dealing with off-duty police officers. Why the officers stopped them is another “unknown.”
One of the teens took off, leaving the other two at the mercy of the men.
A witness described what he saw:
“Approaching the roundabout in Charles Crossing, I noticed a large Caucasian male chasing a younger black male and when I came around the roundabout I saw the officer–I didn’t know he was an officer, but he was pounding on top of the victim.”
The two teens were cuffed. One managed to slip out of the cuffs and get away. The other was put in the back of the officers’ car and driven away from the neighborhood.
The teen, who the report refers to as J.L., was rightfully scared, not knowing where they were taking him or what would be done. After all, as the officers approached him on the street, they threatened to “shoot you in the back” if he didn’t stop where he was.
“I had to just sit back there and ride, I didn’t know if I was ever going to see my parents again. I didn’t know if I was going to die or live another day.”
The cops told the teen he would know “get the worst of it,” since his friends had escaped. They drove him to a gravel road and instructed him to stand with his chin against a fence while counting to 100. His cuffs were removed and the cops drove off while he was counting.
“I was afraid they would shoot or taze me there was just so much stuff going through my head,”
Could anyone blame him for being so frightened?
Not all police officers are ruthless and not all have bad enough judgment to kidnap a teen, threaten them with death, and abandon them on a gravel road. But when any officer thinks this is proper procedure or simply their off-duty- duty for keeping the neighborhood in check, we have a problem.
Police don’t normally mistreat people in such a brazen manner, though it does happen. Whether you were wrongfully arrested or if you just have questions about the charges being levied against you, we may be able to help.
Contact our offices today to discuss your case and what options are available to you. A local defense attorney is your advocate when it feels like no one in the system is on your side.
Baltimore Cops Soon to Videotape “Serious” Interrogations
It’s something that a growing number of police agencies are doing, something that many initially resisted. But videotaping interrogations shouldn’t be something that’s shied away from, as it can provide clarity to both sides of a criminal case and can prove to be an important investigatory tool.
According to the Baltimore Sun, the Baltimore Police Department began using video cameras in its sex offense unit. But now they are considering videotaping other “serious” interrogations, in homicide and assault cases.
Though Commissioner Frederick Bealefeld III supports recording interrogations, he cautions that it’s “not as simple as going to Radio Shack and bolting a camera to the wall.” Instead the department is considering painting interrogation rooms and recarpeting them for acoustics—all in an effort to get the best footage.
In addition, a consultant has been brought in to help officers learn how their behavior on camera will “play” to a jury.
Many agencies within the state already use cameras in interrogations, but Baltimore has lagged in support for the increased technology. Early on, when the General Assembly showed support for videotaped interrogations but didn’t make it a requirement, in 2008, police were worried about how such footage would make them look and were also concerned that suspects wouldn’t want to cooperate if they knew they were on camera.
Now, along with reduced costs, police agencies are warming to the idea.
Hartford County Sheriff L. Jesse Bane calls the recordings a “standard for progressive law-enforcement agencies.” And Bladensburg police Chief Charles Owens refers to them as “just another step in logging evidence.”
What was once resisted is now becoming commonplace, to the benefit of everyone involved.
Not only are videotaped interrogations a great tool for police and prosecutors when building a case, but also for defendants who are concerned about police tactics in the interrogation process.
Right now in a Baltimore police interrogation, the cops take notes and only turn on audio equipment when the suspect is ready to make a statement. Critics say that the audio equipment is often left off until the police have assisted the suspect in coming up with exactly what to say. With cameras recording the entire process, such fears can be eliminated.
A police interrogation is a high stress environment. They typically want you to admit wrongdoing and you often aren’t sure what to say or what would be in your best interest. What every suspect needs to know during this period is that they have the right to have an attorney present. They don’t have to go it alone.
If you’ve been charged with a crime or if you have reason to believe you are under investigation, contact our offices today. We can help you decide what to tell the police and what strategic moves are in your best interest.
Maryland Judge Says ‘No’ To Cops Requesting Access to Cell Phone GPS Data
U.S. District Court Judge Susan K. Gauvey refused this week to issue a warrant to federal authorities who wanted to access the GPS information of a suspect. Law enforcement wanted the information so they could track down the suspect in a felony case, though they had made limited efforts to track him down prior to the request.
In her refusal, Gauvey said limiting the officers’ access to this information “does not frustrate or impede law enforcement’s important efforts, but rather places them within the Constitutional and statutory framework which balances citizens’ rights of privacy against government’s protection of society.”
Courts across the country are exploring cases similar to this one, discussing how police’s access to GPS data should be dealt with. When it comes to placing GPS units on vehicles, appellate courts in both California and Oregon have ruled that police do not need warrants for such tracking. A Washington state Court of Appeals ruled otherwise and the U.S. Supreme Court plans to take up this issue soon.
Police practices and policies have not been able to keep up with the quickly evolving technologies of the day. Because most smart phones now have GPS capabilities built in, it’s possible to track someone even without them making any calls. Phone companies are said to be able to tell you where their customers are within a 10 meter radius, something the cops would love to have unlimited access to.
Cell phones and similar technology has become a top tool in law enforcement investigations. However, the benefits of this technology as an investigative tool must be balanced with the Constitutional rights of the people. “This technology is going to cause more and more of these arguments,” says Douglas Ward of the Division of Public Safety Leadership in the Johns Hopkins University School of Education. “Like anything else, there can be abuses. Justice demands that we weigh that.”
In this specific case, police had the cell phone number of their target and with that information (and a warrant), they could have located the suspect using GPS data. However, they didn’t prove to the judge that the suspect (whose identity and crime were kept secret) posed any flight risk. As a matter of fact, they located and arrested him in the meantime, without the warrant.
Much of the argument in such cases arises about what sort of “expectation of privacy” a person can have in regards to their movements. Should the police have access to your future movements? This is a question that hasn’t arisen in decades past; only with the advent of GPS technology has the ability to track movements in real-time even been possible.
For now, it remains a gray area for law enforcement, where judges can really go either way depending on the facts of the case and evidence presented by law enforcement in pursuit of a warrant.