Court Grants Motion to Suppress in Felony Drug Case – State’s Attorney Appeals to the Maryland Court of Special Appeals

Houlon Berman’s client in this case was charged on September 2010 with possession with intent to distribute crack cocaine. The State alleged that the client drove a friend to a drug deal with a police officer at a Wawa Store in Frederick County, Maryland. The drug deal took place away from defendant’s vehicle. While defendant sat and waited, police arrived and took him into custody. A drug sniffing dog was called to the scene who alerted the officers to the defendant’s vehicle. Drugs were allegedly found on the client’s person. Houlon Berman filed a Motion to Suppress alleging that the client’s Fourth Amendment rights were violated by the stop and search of his person. After a lengthy Motions hearing, the Court agreed and ordered the suppression of all evidence. Without this evidence, the State had no case. At this time, the State’s Attorney has filed an appeal of this case to the Maryland Court of Special Appeals. Under Maryland law, if the appeal is denied, the State will be required to pay the client’s attorney’s fees.