[Download] "Holmes v. State" by In the Court of Appeals of Maryland ~ Book PDF Kindle ePub Free
eBook details
- Title: Holmes v. State
- Author : In the Court of Appeals of Maryland
- Release Date : January 10, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Petitioner was convicted by the Circuit Court for Baltimore City, on an agreed statement of facts, of possession with intent to distribute cocaine and marijuana and possession of a firearm in connection with a drug trafficking offense. Those convictions rested, in large part, on evidence found during a search of petitioner's home, and the issue is whether that evidence was lawfully obtained. The search was pursuant to a warrant, but the warrant was based, in part, on information gained by the police through an earlier warrantless entry into the house. The Circuit Court concluded that the initial entry was justified by exigent circumstances and that there was probable cause to support the warrant. On appeal, the Court of Special Appeals disagreed with the finding of exigent circumstances, but remanded the case for a determination of whether the initial entry was with the consent of petitioner's father. We have a different view than either of the two lower courts, but one that will effect an affirmance of the Circuit Court judgment.