Q: Has anyone in the Maryland area ever defended a case where a police officer equipped with a body cam bumped into a
Civilian and placed the civilian under arrest for second degree assault and once grabbed the civilian civilian put the cigarette out and was hit with a littering charge and then some narcotics were found what is the best strategy of attacking the officers probable cause which he maliciously staged himself with the false assault charge and littering charge. Goal is to render the narcotics evidence fruit of the poisonus tree. The body cam evidence has not been put in the discovery of the states evidence and I want (need) it to vindicate me. Also the hotel footage or 911 call has not been introduced what do I do I am in the Maryland region.
A: Most experienced lawyers have argued probable cause at suppression hearings, and officers not being honest about the reasons for their probable cause is nothing unique. However, the body cam video will have to be reviewed in detail, and what that shows may or may not support your version of events. You should have a lawyer. The lawyer will obtain the video and review it as well as all the surrounding circumstances. If the prosecutor agreed to drop the charges in exchange for you completing a pretrial diversion program, would you take that deal rather than risk losing the suppression motion and getting convicted? That’s the other question you should be exploring before you roll the dice on your legal strategy at trial.
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