Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Motion to Suppress

Had an interesting Motion to Suppress yesterday that was granted.  The issue involved the seizure of pills from the console of my client’s vehicle.  We dealt with those drugs before we dealt with the arrest for possession of marihuana.  That too was suppressed, but the pills were more interesting.  Assuming the client was arrested lawfully and the search was valid, was the seizure permissible?  The police officer could not identify the pills as being a controlled dangerous substance, so he did not have reasonable grounds to seize them.  There is an exact MD case on point from our Court of Appeals that dealt with the exact issue.  Just because you have a right to search does not mean you have a right to seize.  I understand the police were not to happy, but the officers wrote a truthful police report and testified honestly.

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Contact Information

  • Gary S. Bernstein, P.A.
  • 29 W. Susquehanna Avenue, Suite 700
  • Towson, Maryland 21204
  • Toll Free: 866-435-2795
  • Locally: 410-415-9219
  • Fax: 410-823-0610

Office Location