Legal Question in Criminal Law in Maryland

resisting/fleeing during traffic stop.. evidence suppression

I raised this ? a few months ago. I need another look at it. 1st, does MD have a ''right to resist''[illegal detention] law? if so, what are the stipulations, and might the following case description merit the ''right to resist'': A friend was pulled over(in md) b/c his vehicle didn't display front tags. It was apparent, after the stop that it had Va registration. At that point, what can a MD cop do regarding the the traffic violation? surely, he can't write a repair order, or ticket(maybe he can do that)--enforcing a Va violation? i'm assuming he is able to run the vehicle, license , and warrant checks. AT this point, has the stop become unmerrited, and no longer legal? After collecting the license, and learning who the driver was, they became excited(as evident in the video/audio tape).. and at some point, K-9 was notified. The checks had come back b4 k-9 arrived, & my friend didn't consent to a vehicle search..@ this point, has the stop become and illegal detention being that the reason for the stop should've been(or was) complete, and had turned into a drug invest w/o cause.. is it illegal for my friend to drive off and ditch(resist)? can any evidence from ditched car be suppressed b/c it came to be ditched from an illegal det?


Asked on 4/21/09, 10:19 pm

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: resisting/fleeing during traffic stop.. evidence suppression

This doesn't sound like the same as resisting an illegal arrest, but if the fac�s were different, yes a citizen may resist an unlawful arrest. And whether the stop took too long depends on how long it took the dog to get there. Please contact me so you can have a proper consultation and provide more details.

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Answered on 4/21/09, 10:29 pm


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