Preview:

Dunnuck v. State of Maryland No. 36, September Term, 2001 HEADNOTE: FOURTH AMENDMENT; RESIDENCE; DWELLING; EXIGENT CIRCUMSTANCES; PROBABLE CAUSE; WARRANT; SEARCH AND SEIZURE; DESTRUCTION; EVIDENCE; DRUGS Although a police officer's observation of a marijuana plant in the window of a private dwelling may be sufficient to establish probable cause that the resident of the dwelling committed a crime, such observation does not constitute exigent circumstances justifying warrantless entry of that dwelling where there was time to obtain a warrant and no reason to believe that the resident had knowledge of the police investigation.

IN THE COURT OF APPEALS OF MARYLAND No. 36 September Term, 2001

MARION FRANSISCA DUNNUCK v. STATE OF MARYLAND

Bell, C.J. Eldridge Raker Wilner Cathell Harrell Battaglia JJ.

Opinion by Bell, C.J.

Filed: December 14, 2001

In this case, the issue that we must decide involves the interplay between Maryland Code (1957, 2000 Repl. Vol.) Article 27,

Download Dunnuck v. State.pdf

Maryland Law