We've been discussing in our last couple posts the recent change in policy announced by the Department of Homeland Security concerning the use of cell site simulator devices. With the change in policy, investigators must now--at least in most cases--demonstrate to a...
Criminal Defense
New DHS policy guideline raises issue of privacy in criminal investigations, P.2
Last time, we began speaking about a change in the Department of Homeland Security's policy regarding cell site simulators. Specifically, investigators are now required to obtain warrants to use the devices. The policy is certainly an improvement over previous...
New DHS policy guideline raises issue of privacy in criminal investigations, P.1
Law enforcement officers and agencies have a great deal of power when it comes to investigating suspected criminal activity. As we frequently point out, though, there are definite limits on investigators’ ability to search persons and property and to seize...
When mental illness is a factor in criminal defense, P.2
In our last post, we began speaking about the issue of mental illness as a factor in criminal cases, and potential ways to resolve cases in light of mental illness. As we mentioned, the criminal system in Maryland can and does make use of programs aimed at addressing...
When mental illness is a factor in criminal defense, P.1
It is no secret that prisons in the United States are filled with people who struggle with various mental illnesses. In a way, this is unfortunate. It isn’t necessarily that those with mental illnesses should never be incarcerated. Truly, in a certain percentage of...
Baltimore Police Department wrapped up in stop-and-frisk debacle, P.2
In our last post, we mentioned the recent news that documentation of a stop-and-frisk cited as a model example by Commisioner Anthony Batts back in 2013 is now missing. As we noted, there is currently an internal investigation to determine what happened to records of...
Baltimore Police Department wrapped up in stop-and-frisk debacle
A couple weeks ago, we wrote about the use of the “stop-and-frisk” investigative tactic here in Baltimore, and the fact that Police Commissioner Anthony W. Batts had committed to retrain officers in the proper use of the policing strategy. The aim of the retraining,...
Changes hopefully coming to use of stop-and-frisk in Baltimore
One common form of investigative search used a lot here in Baltimore in the stop-and-frisk, or Terry stop, which involves a brief detention and pat-down of the suspect’s person. The use of the stop-and-frisk here in Baltimore is significant—422 stops were made between...
Looking at the investigative tactic of stop-and-frisk P.2
In our last post, we began speaking about the importance of exploring the legality of police searches and seizures when building a criminal defense case. We also pointed out the difference between probable cause and reasonable suspicion, and the fact that the latter...
Looking at the investigative tactic of stop-and-frisk? P.1
As readers know, search and seizure issues are potentially important areas to be explored when building a strong criminal defense case. Searches can be performed in a wide variety of circumstances, for a variety of reasons, and it is important that defendants...