Robbery and Burglary

Published on: July 23, 2012

Maryland Police Can Resume DNA Sampling In Violent Crime Arrests

The United States Supreme Court will temporarily allow Maryland law enforcement agencies to resume their post arrest DNA testing policies according to an order signed by chief justice John Roberts. The DNA testing policies allow all Maryland law enforcement agencies to take DNA samples of suspects arrested for violent crimes such as robbery, assault, rape, and homicide. The law also allows police to take DNA from a suspect that is arrested for burglary. Although burglary is not a violent crime, it is a crime that is often only solved when forensic evidence such as DNA or latent fingerprints is recovered from the crime scene. Maryland police agencies are not allowed to take DNA samples upon arrest of suspects that are incarcerated for common non-violent crimes such as DUI, possession of marijuana, and drug distribution.

Earlier this year, the Maryland DNA sampling law was challenged in the Maryland Court of Appeals, and the Court ruled that the DNA collection policy was unconstitutional under the 4th Amendment of the United States Constitution. The 4th Amendment protects citizens against unlawful government search and seizures, and it has been argued by the ACLU and the Public Defender’s Office that taking DNA samples upon arrest is an unlawful seizure. Most states only take DNA samples from defendants after a criminal conviction, or after a judge issues a warrant specifically allowing DNA collection. The ACLU also argued that Maryland’s DNA collection policy violates each citizen’s right to privacy. The Maryland high court agreed with the ACLU back in April, and reversed a 2009 rape conviction. The rape defendant was arrested on an unrelated assault charge, and pursuant to the Maryland DNA testing policy; his DNA was sampled and entered into a database. The database matched the DNA taken from the assault arrest with DNA that was recovered at the scene of an unsolved Maryland rape case, and thus an arrest warrant was issued for the rape defendant.
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Published on: May 30, 2012

Maryland Robbery Victim Reports Stolen Marijuana To Police

By Benjamin Herbst

A Maryland man was recently the victim of an armed robbery in his home in College Park. Amongst the property the man reported stolen to the police was about $600 of rent money and the man’s stash of marijuana. Yes, you heard that correctly. The College Park man reported to police that the robbery suspects were armed with handguns and had demanded that the man turn over his money and his drugs. The robbery suspects reportedly assured the man that he would not be in any danger if he complied with the request to give up his money and his marijuana. A nice gesture by the armed home invasion robbers, but a gesture that will certainly not help the suspects in court if they are ever arrested. The Maryland man complied and handed over his rent money and an unknown quantity of marijuana, and then the robbery suspects left the house. Police also reported that the armed robbery suspects took laptops and cell phones from the house, but the Maryland man was not aware of this missing property at the time he initially reported the crime to police.

As unbelievable as it may seem, theft, burglary, and robbery victims often report to police that their drugs have been stolen. Drugs such as marijuana and cocaine are certainly properties hat have value to the owners, and the owners of these drugs feel wronged if they are stolen. On the other hand, calling the police to report stolen drugs will never benefit the owner of the drugs in his or her quest to get the drugs back. If police do happen to locate the stolen property, they will simply confiscate the drugs and place them in an evidence locker or destroy them. At least this is what police are supposed to do with the drugs they confiscate, but criminal lawyers tend to hear numerous stories about police keeping the drugs for themselves or even selling them back to the original owners. Reporting stolen illegal drugs such as marijuana, cocaine, and pills also creates numerous other legal questions, such as whether someone who reports stolen illegal drugs can be arrested for possession of drugs, or whether someone who steals illegal drugs can be arrested for theft of drugs.
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Published on: April 26, 2012

Baltimore County Burglary Suspect Identified

By Benjamin Herbst

Baltimore County Police have identified the main suspect in a string of recent Baltimore area burglaries. The burglaries have resulted in the theft of valuable items such as electronic office equipment, black checks, food, office supplies, postage stamps and money. The main suspect is apparently a 48 year old man from Baltimore that has also been implicated in other burglaries throughout Maryland. The recent Baltimore burglaries occurred on or about April 3 and included the breaking and entering of two medical offices. The first office was a podiatry center and the second burglarized office was a medical office used for testing and treatment of hearing disorders. Both offices used and stored valuable medical equipment.

The Baltimore burglar apparently gained entry to the offices by breaking exterior windows and crawling through the open space. Police did not release information as to whether the office buildings had security systems in place such as alarms and motion sensors. Police also did not release the monetary value of the stolen items. The value of the stolen items would be relevant in prosecuting the Baltimore burglar once he is arrested. The value of the stolen items often dictates which criminal charges will be filed, and if captured the Baltimore burglary suspect faces felony burglary charges along with theft charges. The theft charges could be felony or misdemeanor theft charges depending on the value of the stolen items. In Maryland theft of property over $1,000 in value can be classified as felony theft.
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Published on: March 26, 2012

Maryland Robbery Suspect Sentenced To Prison

By Benjamin Herbst

The last of five suspects involved a string of Baltimore area armed robberies was recently sentenced to prison. Maryland federal district judge Benson E. Legg handed down the 10 and a half year sentence, which also included a 3 year term of probation when the prison term expires. Judge Legg is the same federal district judge who just last month declared a controversial Maryland gun law unconstitutional (MARYLAND GUN LAW FOUND UNCONSTITUTIONAL).

The robberies occurred during the summer of 2010 in various Maryland locations including Baltimore, Loch Raven, and Chambersburg. According to a U.S. Department of Justice press release the suspects conspired to commit the robberies in order to obtain money and prescription drugs. While it is unknown exactly how many robberies the five suspects were involved in planning or carrying out, the U.S. Attorney secured guilty pleas for the suspects in two separate robberies. The first robbery occurred at a Chambersberg, Maryland bank in July of 2010. Only two of the five suspects actually took part in this first robbery. One of the suspects was arrested on the scene while the other fled and escaped. The other three suspects were alleged to have taken part in the planning of this robbery.

The second robbery took place in September of 2010 at a Baltimore area pharmacy. Three of the suspects took part in this robbery; two entered the pharmacy armed with guns but were not successful in stealing anything of value, while the other suspect waited outside in the getaway car. One of the suspects actually fired his gun during the attempted pharmacy robbery. Of the three suspects involved in the botched armed robbery, two were able to escape while the other was arrested on scene by Baltimore police.
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Published on: March 14, 2012

Will Modifying Maryland Gun Laws Affect Violent Crime Levels?

By Benjamin Herbst

Recently a controversial Maryland gun law was declared unconstitutional in federal court. The decision left gun supporters and opponents alike arguing over the possible impacts on violent crime such as robbery, burglary, and even murder. The law required all Maryland residents to prove a “good and substantial reason” to be able to legally carry a handgun outside of the home in order to be granted a gun permit. The lawsuit began when a Baltimore man sued the state of Maryland in federal civil court after his application to renew his handgun carry permit was denied. The Baltimore man was joined in the lawsuit as plaintiff by the Second Amendment Foundation, a non-profit organization dedicated to the preservation of the right to bear arms. The plaintiffs prevailed, and provided the case is not successfully appealed, the Maryland legislature must modify this gun law.

Federal district judge Benson E. Legg’s ruling will most likely be upheld, which will undoubtedly force Maryland to issue more handgun carry permits. The question up for debate is whether a change in Maryland gun law will actually effect the number of gun crimes and other violent crimes in the state. Both sides of this heated issued will be presented, but only time will tell if gun law modification will have any effect on crime and arrest levels in Maryland.

Gun advocates applauded the federal court ruling as a major victory not only for citizens of Maryland, but for citizens of all states. If upheld, the ruling sets a major precedent that states may not unduly burden a law abiding citizen’s right to bear arms outside of the home, unless the state can show a substantial interest in doing so. Supporters of the recent ruling argue that Maryland has far more restrictive gun laws than the majority of the states, and changing these laws would simply put Maryland in line with the rest of the country.
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