{"id":6720,"date":"2012-08-25T12:51:40","date_gmt":"2012-02-24T00:02:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-23T08:49:47","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6720","title":{"rendered":"MD: Failure to train on difference between Payton<\/em> and Steagald<\/em> was a jury question"},"content":{"rendered":"

Failure to train on the difference between a Payton<\/a> entry on an arrest warrant of the arrestee\u2019s home and a Steagald<\/a> entry with a search warrant in the premises of a third person was a jury question on this record. \u201c[A] jury could infer from the testimony of Prince George’s County Sheriff’s Department’s deputies that the State trained law enforcement officers to execute arrest warrants in a manner inconsistent with the rules of Payton<\/a> and Steagald<\/a>. There was, therefore, sufficient evidence to allow the question of whether the State breached its duty to train officers in a manner consistent with Fourth Amendment principles to reach the jury.\u201d Jones v. State<\/a>, 425 Md. 1, 38 A.3d 333 (2012).*<\/p>\n

Officers were in a crack house responding to a wounded person call. Defendant was more concerned about an open drawer than the person wounded, and an officer went to look and found cocaine. The defendant consented to a search of the premises. Commonwealth v. Carlton<\/a>, 81 Mass. App. Ct. 294 (February 16, 2012).*<\/p>\n

\u201cDoes a lawful stop of a motor vehicle for moving violations, the observation of a noticeable odor of freshly-burnt marijuana in the passenger compartment, and the recovery of two packages of marijuana from the driver authorize a police officer to do more than was permitted in Commonwealth v. Cruz, 459 Mass. 459, 945 N.E.2d 899 (2011)? We believe so.\u201d Commonwealth v. Daniel<\/a>, 81 Mass. App. Ct. 306, 962 N.E.2d 213 (2012),* Review granted by Commonwealth v. Daniel, 462 Mass. 1101, 967 N.E.2d 634, 2012 Mass. LEXIS 373 (Mass., May 3, 2012).<\/p>\n","protected":false},"excerpt":{"rendered":"

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