Q: Are there any Maryland Supreme Court Cases where Probable Cause was denied?
A: Maryland's highest appellate court is known as the Court of Appeals, and the intermediate level appellate court is known as the Court of Special Appeals. There are countless appellate opinions setting forth precedent and applying precedent in this area, both under Maryland's declaration of Rights, and the United States Constitution as interpreted by the United States Supreme Court. Many such cases had detailed factual analyses that resulted in a determination that probable cause was absent, and resulted in a decision that either overturned or affirmed the trial court's determination on the issue. In order to identify those cases, you would have to know how to perform legal research, and this is not a subject that lends itself to instruction on a forum such as this, nor indeed, even in a consultation with a lawyer. It is a skill and method acquired from years of schooling and experience. Furthermore, the facts of each case determine whether there is an issue of probable cause, so any lawyer would start there, then begin any analysis of court precedent focused on similar fact patterns.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Maryland
- (410) 591-2835
- View Profile
- Answered
A: That question has a lot of needed context. Yes, you can find Court of Appeals opinions where a trial court finding of probable cause was overturned.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
