Upper Marlboro, MD asked in Criminal Law for Maryland

Q: Does the police have the right to search my sons stroller without my consent?


This so called friend invited Me and my boyfriend to her home she was arguing with my boyfriend she than called the police told them my boyfriend hit me but it was false claims the Police came talked to us for awhile and than separated my boyfriend and I the police officer flashed the lights and apparently in plain sign that I had no knowledge about was underneath the stroller, they’re charges me and my boyfriend with 8 charges and due to the gun charges cps took my kids from me. My question is was it an illegal search and if not how do I prove my innocence? I’m in disposition with the state right now in regards to my sons they court ordered me to complete referrals which im beginning to do they said in 3 months I should be getting them back if I comply with everything im told to do

It was told in the statement the firearm was underneath the diaper bag and something else so has that considered plain view?

Related Topics:
1 Lawyer Answer
Scott Scherr
Scott Scherr
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: The "plain view" doctrine states that a police officer can search the stroller in your case if the gun is in plain view. If it is not plain view, it may be an illegal search and seizure if neither you nor your boyfriend gave permission to search the stroller and the police officer did not have other grounds to search the stroller. If the officer was able to see the gun even if it is a small part of the gun, he can search the stroller.

You will need to retain counsel to represent you or go to the Public Defender. They can discuss your defenses in a confidential setting.

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.