Text of the Fourth Amendment and Md. Decl. of Rights Art. 26

• Jurisdiction: Maryland

I. Text of the Fourth Amendment and MD. DECL. OF RIGHTS art. 26

A. Fourth Amendment

The Fourth Amendment to the U.S. Constitution provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

B. Md. Decl. of Rights art. 26

Article 26 of the Maryland Declaration of Rights provides:

All warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grievous and oppressive; and all general warrants to search suspected places, or to apprehend suspected persons, without naming or describing the place, or the person in special, are illegal and ought not to be granted.

The Court of Appeals generally interprets Article 26 in pari materia with the Fourth Amendment, meaning it is generally interpreted the same as the Supreme Court interprets the Fourth Amendment. See, e.g., King v. State, 434 Md. 472, 482 (2013) (stating proposition and collecting cases).The Court has done so...