- Home
- Departments
- Legal
- Roll Call Reporter
Roll Call Reporter
The Roll Call Reporter is a monthly publication designed to place the most recent Maryland (state and federal) cases impacting law enforcement in the hands of patrol supervisors and officers. Each issue provides a synopsis of the case and explains how its holding can best be implemented so that officers do not violate citizens' federal and state constitutional rights.
(back to top)
(back to top)
(back to top)
(back to top)
(back to top)
Search Warrants and Warrant Exceptions
(back to top)
(back to top)
(back to top)
Most Recent Roll Call Reporter
- August 2020: Consent Searches During Traffic Stops
- December 2019: Traffic Checkpoints, Traffic Initiatives, and the Fourth Amendment
- September 2019: Active Shooter Situations and Exigent Circumstances
- August 2019: The Odor of Burnt Marijuana and Searches Arising from Traffic Stops
- August 2019: Roadside Sexually Invasive Searches
Case Search by Subject
Searches - Person
- August 2020: Consent Searches During Traffic Stops
- September 2019: Active Shooter Situations and Exigent Circumstances
- August 2019: The Odor of Burnt Marijuana and Searches Arising from Traffic Stops
- August 2019: Roadside Sexually Invasive Searches
- February 2018: Unprovoked Flight in a High Crime Area
- December 2017: Search of Suspects Based on Possession of Marijuana
- November 2014: Bulging Pockets – The Articulated Basis for Reasonable Suspicion
- June 2014: Warrantless Searches of Cell Phones Incident to Arrest
- June 2014: An Officer's False Assertion of Authority and the Fourth Amendment
- December 2013: Issues Relating to “Consent” Searches
- October 2013: Search of Cellular Phones and Other Electronic Devices Incident to Arrest
- May 2013: Involuntary Blood Tests in DUI Cases and the 4th Amendment
- March 2012: Detaining Subjects Approaching Premises Being Searched Pursuant to a Warrant
- February 2012: How the Removal of Contraband During a Sexually Invasive Search can Violate the Fourth Amendment
- January 2012: "Caution Data" as Reasonable Suspicion to Perform a Terry Patdown for Weapons
- June 2011: The Constitutionality of a “Reach-in” Search Conducted in a Public Place
- March 2011: Reach-in Searches Incident to Arrest and the Fourth Amendment
- January 2011: Justification for a Strip Search Under the Fourth Amendment and Maryland Law
- September 2007: Probable Cause To Believe An Individual Is Committing A Civil Infraction Does Not Provide A Constitutionally Valid Basis For A Warrantless Search Of The Individual’s Person
- June 2007: The Existence Of Probable Cause To Arrest Does Not Automatically Justify A Strip Search, A Visual Body Cavity Search, Or A Manual Body Cavity Search
(back to top)
Searches - Vehicle
- August 2019: The Odor of Burnt Marijuana and Searches Arising from Traffic Stops
- December 2018: K-9 Behavior and Probable Cause to Search a Vehicle
- June 2018: The Automobile Exception and Residential Curtilage
- May 2018: Expanding the Scope of a Carroll Doctrine Search
- January 2018: Scope of a Protective Search of a Vehicle
- October 2017: Investigative v. Inventory Searches
- April 2017:Odor of Marijuana and Protective Frisks
- April 2017: The Carroll Doctrine and Trunk Searches
- July 2016: Officer’s Intrusion Into Vehicle Through Open Door or Window and the 4th Amendment
- September 2015: Vehicle Searches Incident to Arrest
- April 2015: K-9 Sniffs After Completion of a Traffic Stop
- September 2014: Vehicle Searches Incident to Arrest
- June 2014: An Officer's False Assertion of Authority and the Fourth Amendment
- November 2011: Constitutional Requirements for Valid Inventory Searches
- June 2010: An Officer Cannot Order a Suspect to Remove or Lift an Article of Clothing in Order to Reveal the Presence or Absence of a Weapon During a Terry Frisk
- May 2009: Supreme Court Explains Circumstances Allowing Search of a Vehicle's Passenger Compartment Incident to Arrest
- March 2009: Reasonable Suspicion to Believe a Container Contains a Weapon May Not Entitle Officer to Immediately Open It
- April 2008: The Search Of A Locked Glove Compartment Is Within The Scope Of A Lawful Search Incident To Arrest
- May 2007: The Odor of Burnt Marijuana Emanating from the Passenger Compartment of a Vehicle, by Itself, Establishes Probable Cause to Search the Vehicle's Trunk
- December 2006: A Warrantless Search Of The Passenger Compartment Of A Vehicle Incident To The Driver’s Arrest Properly Extends To A Container Belonging To A Passenger Who Is Not Under Arrest At The Time Of The Search
- December 2005: Warrantless Search of Vehicle’s Air Bag Compartment
- June 2004: Search of Parked Vehicle
(back to top)
Reasonable Articulable Suspicion / Probable Cause
- September 2019: Active Shooter Situations and Exigent Circumstances
- August 2019: The Odor of Burnt Marijuana and Searches Arising from Traffic Stops
- January 2019: Protective Sweeps of Premises Incident to Arrest
- December 2018: Drug “Stashes” and Constructive Possession
- September 2018: Waistband Adjustments and Frisks for Weapons
- July 2018: Terry Stops Based on Anonymous Tips
- February 2018: Unprovoked Flight in a High Crime Area
- November 2015: The Personal Use Exception and Methamphetamine
- July 2014: High Crime Areas and Reasonable Suspicion
- June 2014: An Officer's False Assertion of Authority and the Fourth Amendment
- April 2014: Post-Warrant Execution Detentions and the Fourth Amendment
- January 2014: An Individual’s Association with a Known Drug Dealer, Does Not, By Itself, Create Reasonable Suspicion that the Individual Has Committed a Drug-Related Offense
- September 2013: Traffic Stops Based on One Defective Brake Light
- August 2013: Positioning of Police Cars During Terry Stops
- January 2013: The "Physical Force" Element of Resisting Arrest
- October 2012: When and How Visual Speed Estimates Provide Probable Cause for Traffic Stops
- September 2012: Firing Taser Darts Into a Suspect Constitutes an Arrest Under the Fourth Amendment
- July 2012: Claimed Ownership of Contraband and Probable Cause
- June 2012: A Suspect's Mere Flight to Avoid Arrest is Not Sufficient to Charge Him or Her with Resisting Arrest
- May 2012: Positioning of Police Cars and Fourth Amendment Seizures
- January 2012: "Caution Data" as Reasonable Suspicion to Perform a Terry Patdown for Weapons
- December 2011: Giving a false name during a trafffic stop and the crime of obstructing and hindering
- September 2011: Particularized reasonable suspicion needed to Frisk a Suspect is Not Established by a Refusal of Consent
- November 2010: Probable Cause to Arrest a Suspect Who Has Exchanged an Unidentified Item for Money
- October 2010: A Handgun is "About" the Suspect if it is Close Enough to Him to Make it Available for His Immediate Use
- August 2010: Mere Presence in a Residence Where Drugs Are Being Used is Insufficient Evidence to Convict of Possession
- July 2010: Lawful Police Orders Under Maryland’s Disturbing the Peace and Disorderly Conduct Law
- April 2010: Officers Can Draw on Their Training and Experience When Establishing Reasonable Suspicion and / or Probable Cause
- November 2008: Fresh Pursuit and Violations of the Maryland Vehicle Law
- January 2008: It is Reasonable for Officers to Infer That the Driver and Passengers of a Stolen Vehicle Are Engaged in a Common Criminal Enterprise, and, Consequently, All Can be Arrested Subsequent to the Traffic Stop of the Vehicle
- February 2007: An Officer Is Not Required To Immediately Arrest An Individual Who Fails To Obey A Lawful Order Intended To Prevent A Disturbance Of The Public Peace
- September 2006: The Common Law Crime of Indecent Exposure Encompasses Intentional Conduct That Occurs Within a Private Home of a Third Party
- February 2006: Disturbing the Public Peace and Speech Protected by the First Amendment
- October 2005: Constructive Possession of Narcotics
- December 2004: The "Penknife" Exception In Maryland's Concealed Weapons Statute
(back to top)
Custodial Interrogation/Identification Procedures
- July 2019: Photographic Arrays and the Inclusion of Tattoos
- March 2018: Photographic Arrays and the Inclusion of Tattoos
- March 2014: Custodial Interrogations and Ambiguous Requests for Counsel
- April 2013: Custodial Interrogations and the Sixth Amendment Right to Counsel
- November 2012: The Role of Probable Cause in a Miranda Determination
- June 2010: Only Words and Actions Aimed at Invoking an Incriminating Response Will be Seen as Interrogation Under Miranda v. Arizona
- June 2010: A Suspect Who Has Received and Understood the Miranda Warnings Waives the Right to Remain Silent by Making an Uncoerced Statement
- January 2010: Court of Appeals Considers When an Officer's Questions, Statements or Conduct May be Deemed the Functional Equivalent of Interrogation
- September 2008: No "Passage of Time” or “Break in Custody” Exception to Suspect’s Assertion of Right to Counsel Under the Fifth Amendment
- November 2006: Miranda Warnings and Field Sobriety Tests
- September 2005: Maryland’s Voluntariness Requirement for Suspect’s Confessions
(back to top)
Terry Stops & Frisks
- April 2017:Odor of Marijuana and Protective Frisks
- August 2016: The Use of Handcuffs During a Terry Stop
- October 2015: Drug Related Investigative Detentions
- August 2013: Positioning of Police Cars During Terry Stops
- December 2012: Terry Frisks and the Plain Feel Doctrine
- May 2012: Positioning of Police Cars and Fourth Amendment Seizures
- January 2012: "Caution Data" as Reasonable Suspicion to Perform a Terry Patdown for Weapons
- February 2011: A Suspect's Repeated Adjustments of his Waistband, Without More, Does Not Create Reasonable Suspicion to Make a Terry Stop
- June 2010: An Officer Cannot Order a Suspect to Remove or Lift an Article of Clothing in Order to Reveal the Presence or Absence of a Weapon During a Terry Frisk
- May 2010: Use of Force During a Terry Stop and the Law of Arrest
- October 2009: An Officer who Briefly Detains a Suspect Upon Probable Cause Has Not Necessarily Made an Arrest
- September 2009: Reasonable Suspicion to Make a Terry Stop Does Not Automatically Provide Reasonable Suspicion to Conduct a Terry Frisk for Weapons
- February 2009: Pat Down of Passenger During Traffic Stop
- October 2008: Blocking Suspect's Path With Police Car During Terry Stop
- July 2007: Handcuffing a Suspect During an Investigative Detention is Tantamount to an Arrest Unless the Officer has an Objective Concern for His Safety or That the Suspect Might Flee
- May 2007: The Odor of Burnt Marijuana Emanating from the Passenger Compartment of a Vehicle, by Itself, Establishes Probable Cause to Search the Vehicle's Trunk
- August 2006: A Police-Citizen Encounter During Which the Officer Communicates Through Words or Actions That the Citizen Is Not Free to Leave Is a Seizure Under the Fourth Amendment
- March 2006: Detainee's Flight During Lawful Terry Stop as a Factor in Determining Whether Probable Cause to Make a Warrantless Arrest Exists
- January 2006: Determining Whether Reasonable, Articulable Suspicion Exists to Support a Terry Stop
- November 2005: Extending a “Stop and Frisk” to Areas Beyond the Suspect’s Person
- June 2005: Frisk of Passenger in Stopped Vehicle
(back to top)
Search Warrants and Warrant Exceptions
- June 2018: The Automobile Exception and Residential Curtilage
- September 2017: Search Warrants for Cell Phones
- August 2015: Cell Phone Images in Plain View
- August 2015: Cell Phone Searches Incident to Arrest (2nd Case)
- July 2015: Cell Phone Searches Incident to Arrest
- December 2014: Plain View v. Open View
- June 2014: Warrantless Searches of Cell Phones Incident to Arrest
- May 2014: The “Independent Source Rule” as applied to Cellphones
- April 2014: Post-Warrant Execution Detentions and the Fourth Amendment
- December 2013: Issues Relating to “Consent” Searches
- November 2013: “Knock and Announce,” Warrantless Entries, and Civil Liability
- October 2013: Search of Cellular Phones and Other Electronic Devices Incident to Arrest
- June 2013: The Doctrine of Apparent Authority and the Search of Leased Premises
- May 2013: Involuntary Blood Tests in DUI Cases and the 4th Amendment
- August 2012: Protective Sweeps and the Fourth Amendment
- April 2012: The Protection of a Residence's "Curtilage" Under the Fourth Amendment
- March 2012: Detaining Subjects Approaching Premises Being Searched Pursuant to a Warrant
- October 2011: The examination of DNA evidence lawfully in police possession is not deemed a search under the Fourth Amendment
- August 2011: Brief Traffic Stops and the Fourth Amendment
- June 2010: Legality of Protective Sweeps When a Suspect is Arrested Outside of His Residence
- March 2010: The Emergency Aid Exception to the Warrant Requirement
- July 2009: Exigent Circumstances Justify Warrantless Search of Occupied Residence and Preclude a Finding of Liability Against Officers
- January 2009: "Knock and Talk" Technique Discussed in Maryland Court of Appeals Case
- August 2008: Securing Premises During Search Warrant Execution: The " Do's and Dont's"
- March 2008: Police Officers On Legitimate Business Do Not Commit An Unlawful Search Or Seizure By Approaching A Dwelling Marked With A "No Trespassing" Sign And Questioning The Occupants ("Knock And Talk")
- January 2007: Opening A Screen Door May Violate The Fourth Amendment If The Screen Door Acts As The Perimeter Barrier To The Residence
- July 2006: A Violation of the "Knock and Announce" Rule Does Not Require Suppression of the Evidence Seized in a Search
- June 2006: Odor of Burning Marijuana Detected by Officer at Open Apartment Door May Justify Warrantless Entry
- April 2006: Warrantless Searches of Shared Residences
- August 2005: Detaining Persons at Open Air Drug Market During Warrant Execution
- March 2005: Maryland’s Intermediate Appellate Court Revisits “Knock And Announce” Rule
(back to top)
Traffic Stops (including use of K-9)
- December 2019: Traffic Checkpoints, Traffic Initiatives, and the Fourth Amendment
- August 2019: The Odor of Burnt Marijuana and Searches Arising from Traffic Stops
- August 2019: Roadside Sexually Invasive Searches
- December 2018: K-9 Behavior and Probable Cause to Search a Vehicle
- October 2018: Traffic Stops Based on Tint Violations
- April 2018: "Abandonment" of a Traffic Stop
- September 2013: Traffic Stops Based on One Defective Brake Light
- May 2013: Involuntary Blood Tests in DUI Cases and the 4th Amendment
- October 2012: When and How Visual Speed Estimates Provide Probable Cause for Traffic Stops
- July 2012: Claimed Ownership of Contraband and Probable Cause
- January 2012: "Caution Data" as Reasonable Suspicion to Perform a Terry Patdown for Weapons
- December 2011: Giving a false name during a trafffic stop and the crime of obstructing and hindering
- December 2010: The Constitutional Impact of Prolonging Traffic Stops to Await the Arrival of a K-9
- September 2010: Reasonable Reliance on Mistaken MVA Records Can Still Provide Probable Cause to Arrest
- February 2010: Fourth Amendment Implications When a Traffic Stop Becomes a Terry-Stop for Drugs
- June 2009: Arizona v. Gant Applied for the First Time by the United States Court Of Appeals for the Fourth Circuit
- May 2009: Supreme Court Explains Circumstances Allowing Search of a Vehicle's Passenger Compartment Incident to Arrest
- April 2009: Maryland Courts Cannot Automatically Exclude Evidence of a Positive “Alert” on Currency Because of the “Currency Contamination Theory"
- March 2009: Reasonable Suspicion to Believe a Container Contains a Weapon May Not Entitle Officer to Immediately Open It
- February 2009: Pat Down of Passenger During Traffic Stop
- December 2008: Detention of Vehicle Passenger Pending Arrival of K-9 Unit Upheld
- July 2008: Forcible Detention Of Passenger For Duration Of Traffic Stop
- February 2008: The Validity of an Arrest for Driving While Impaired Arising From the Operator’s “Actual Physical Control” of the Vehicle Depends on the Facts and Circumstances of Each Case and Whether Those Facts Establish that the Defendant’s Actions Posed an Imminent Threat to the Public
- January 2008: It is Reasonable for Officers to Infer that the Driver and Passengers of a Stolen Vehicle are Engaged in a Common Criminal Enterprise, and, Consequently, all can be Arrested Subsequent to the Traffic Stop of the Vehicle
- June 2008: Maryland's Constitution Does Not Give Defendants Greater Protection Than Fourth Amendment
- November 2007: When A Traffic Stop For Illegal Tinting Is Based Solely On An Officer’s Observations, The Officer Must Be Able To Articulate His Or Her Observations By Comparing The Appearance Of The Defective Window To One That Is Properly Tinted
- April 2007: Twenty-Five Minutes Taken By Officer To Issue A Traffic Warning Prior To Arrival Of Narcotics Detecting K-9 Unit Judged Unreasonable Under The Fourth Amendment
- March 2007: The Discovery Of An Outstanding Arrest Warrant Can Dissipate The Taint Of An Illegal Stop
- October 2006: Developing Cause For A Second And Independent Detention During A Traffic Stop
- May 2006: Canine’s Instinctive Intrusion into Vehicle’s Open Window during Narcotics Scan Did Not Violate Fourth Amendment
- January 2006: Determining Whether Reasonable, Articulable Suspicion Exists to Support a Terry Stop
- October 2005: Constructive Possession of Narcotics
- April 2005: Supreme Court Upholds Use Of Drug-Detection Dog During A Legitimate Traffic Stop
- September 2004: Arresting All Occupants Of A Car
(back to top)
Community Caretaking Function
- August 2009: The Court of Appeals Examines and Defines Scope of the Police Community Caretaking Function
- October 2007: The Police Community Caretaking Function Extends To Seizures Of Persons
(back to top)
Roll Call Reporter By Date
- August 2020: Consent Searches During Traffic Stops
- December 2019: Traffic Checkpoints, Traffic Initiatives, and the Fourth Amendment
- September 2019: Active Shooter Situations and Exigent Circumstances
- August 2019: The Odor of Burnt Marijuana and Searches Arising from Traffic Stops
- August 2019: Roadside Sexually Invasive Searches
- July 2019: Photographic Arrays and the Inclusion of Tattoos
- January 2019: Protective Sweeps of Premises Incident to Arrest
- December 2018: Drug “Stashes” and Constructive Possession
- December 2018: K-9 Behavior and Probable Cause to Search a Vehicle
- October 2018: Traffic Stops Based on Tint Violations
- September 2018: Waistband Adjustments and Frisks for Weapons
- July 2018: Terry Stops Based on Anonymous Tips
- June 2018: The Automobile Exception and Residential Curtilage
- May 2018: Expanding the Scope of a Carroll Doctrine Search
- April 2018: "Abandonment" of a Traffic Stop
- March 2018: Photographic Arrays and the Inclusion of Tattoos
- February 2018: Unprovoked Flight in a High Crime Area
- January 2018: Scope of a Protective Search of a Vehicle
- December 2017: Search of Suspects Based on Possession of Marijuana
- October 2017: Police Constitutional Liability for Deliberate Indifference to Serious Medical Needs
- October 2017: Investigative v. Inventory Searches
- September 2017: Search Warrants for Cell Phones
- July 2017: Out of Jurisdiction Arrests; Out of Jurisdiction Arrests - Appendix
- April 2017:Odor of Marijuana and Protective Frisks
- April 2017: The Carroll Doctrine and Trunk Searches
- February 2017: The Odor of Marijuana and Vehicle Search
- January 2017: Strip Searches at a Police Station
- August 2016: The Use of Handcuffs During a Terry Stop
- July 2016: Officer’s Intrusion Into Vehicle Through Open Door or Window and the 4th Amendment
- December 2015: Narrating Police Recordings at Trial
- November 2015: The Personal Use Exception and Methamphetamine
- October 2015: Drug Related Investigative Detentions
- September 2015: Vehicle Searches Incident to Arrest
- August 2015: Cell Phone Images in Plain View
- August 2015: Cell Phone Searches Incident to Arrest (2nd Case)
- July 2015: Cell Phone Searches Incident to Arrest
- June 2015: Proving Criminal Possession
- May 2015: Juvenile Gang Participation
- April 2015: K-9 Sniffs After Completion of a Traffic Stop
- March 2015: Out of Court Identifications
- February 2015: What Is and What Is Not Resisting Arrest
- January 2015: Police Bystander Liability