Thursday, April 12, 2007

Lewis v. State (Ct. of Appeals)

Filed April 12. 2007. Opinion by Judge Lynne A. Battaglia. Dissenting opinion by Judge Lawrence F. Rodowsky (retired, specially assigned), joined by Judges Raker and Harrell.

From the official headnote:
Petitioner, Lamont Anthony Lewis, sought review of the denial of his motion to suppress the seizure of marijuana discovered during a traffic stop. The marijuana was discovered by police stopped Lewis after he "almost" struck a police car when he pulled his vehicle away from a curb; Lewis was convicted of possession of a controlled dangerous substance, marijuana, in violation of Section 5-601 (c)(2) of the Criminal Law Article, Maryland Code (2002). The Court of Appeals reversed, and held that the court erred in denying Lewis’s motion because the police did not have an articulable reasonable suspicion to stop Lewis based upon the fact that he "almost" hit the car.
In dissent, Judge Rodowsky found the evidence sufficient to support the traffic stop, because the misdemeanor of negligent driving was committed in the presence of the police officers.

The majority and dissenting opinions are available in PDF format.

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