Illegal Firearm Charge Dismissed: Challenging an Unlawful Search
Procedural Outcome
A routine traffic stop for speeding escalated into serious firearm charges after police claimed they discovered a gun during an inventory search of the vehicle. Attorney Luke Woods filed a Motion to Suppress, arguing that officers used the inventory process as a cover to search the vehicle without a warrant or consent. After reviewing the police department's own impoundment policy and discovering that officers had deviated from standard procedures, the State chose not to contest the motion. All evidence was suppressed, and all charges were dismissed before trial.
Problem: Firearm Found During a Pretextual Inventory Search
A young man was stopped for speeding and could not produce proof of insurance. When officers could not legally enter the vehicle without consent, and the client properly refused consent, they decided to impound the car and conduct an inventory search.
During that search, officers found an illegal firearm, leading to serious criminal charges. But the circumstances raised immediate red flags:
- The client explicitly refused consent to search the vehicle.
- Officers used the "inventory" label as a subterfuge to conduct an investigatory search they had no legal right to perform without a warrant.
The question was not whether the gun was there. The question was whether police had the legal right to find it.
Action: Motion to Suppress, Policy Scrutiny, and Forcing the State's Hand
Filing the Motion to Suppress
- We immediately filed a Motion to Suppress all evidence, arguing that:
- The firearm was the "fruit of the poisonous tree" because it was obtained through an unconstitutional search.
- Officers were not conducting a genuine inventory to protect property; they were searching for evidence without a warrant or probable cause.
Demanding and Reviewing Police Policy
- Inventory searches must be conducted strictly according to written departmental policy to be legal. We demanded the State produce the specific police department vehicle impoundment and inventory policy.
- Upon review, the policy revealed that officers had deviated from standard procedure:
- Required steps for a lawful inventory were not followed.
- The search did not comply with the department's own written protocols.
Forcing the State to Acknowledge the Violation
- We prepared to argue at a suppression hearing that the search was a sham designed to bypass the warrant requirement.
- Confronted with their own policy documents and our legal analysis, the State realized the search would be ruled illegal.
Resolution: Evidence Suppressed, Charges Dismissed Before Trial
Before the suppression hearing could take place, the State chose not to contest our motion.
- The firearm evidence was suppressed (ruled inadmissible).
- Without evidence, the State dismissed all charges.
- The client walked away with no criminal conviction.
Key Takeaway
| Element | Detail |
|---|---|
| Charges | Illegal firearm possession |
| Court | Maryland District/Circuit Court |
| Key Defense | Motion to Suppress, inventory search policy analysis, Fourth Amendment challenge |
| Outcome | Evidence suppressed, full dismissal of all charges before trial |
| Attorney | Luke Woods |
Legal Entities Referenced
- Constitutional Amendment: Fourth Amendment (Protection Against Unreasonable Search and Seizure)
- Legal Doctrine: Fruit of the Poisonous Tree
- Procedure: Motion to Suppress, Inventory Search Policy Review, Impoundment Procedure
- Legal Concepts: Consent to search, warrant requirement, pretextual search, inventory search limitations, police department policy compliance
- Charges: Illegal firearm possession (Maryland Criminal Law Section 4-203)
Frequently Asked Questions
What makes an inventory search legal?
An inventory search is legal only when it follows the police department's written impoundment and inventory policy to the letter. The purpose must be to catalog and protect property inside the vehicle, not to look for evidence of a crime. When officers deviate from policy, the search loses its legal justification.
What happens if I refuse to let police search my car?
Refusing consent is your constitutional right. If police cannot establish probable cause or another legal exception to the warrant requirement, your refusal stands. In this case, the client's refusal to consent forced police to rely on the inventory search justification, which ultimately failed because they did not follow their own rules.
Can a case be dismissed before a suppression hearing even happens?
Yes. When the defense presents a strong Motion to Suppress with clear evidence of constitutional violations, the State sometimes chooses not to fight a losing battle. That is exactly what happened here. The prosecution saw the writing on the wall and dismissed all charges before the hearing.
Believe police overstepped during a traffic stop or search? Contact FrizWoods for a free consultation. We fight to protect your constitutional rights at every stage.