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REPORTED

IN THE COURT OF SPECIAL APPEALS
OF MARYLAND
No. 1461
September Term, 2011

ALAN J. UPSHUR
v.
STATE OF MARYLAND
Meredith,
Wright,
Davis, Arrie W.

(Retired, specially assigned),
JJ.
Opinion by Meredith, J.
                 Filed: November 28, 2012 This case comes to us from the Circuit Court for Somerset County. After being
charged with attempted murder and related offenses, Alan Upshur, appellant, moved to suppress the evidence of his name and address which were on record with his cellular telephone service provider, and which led to his identification by law enforcement and the issuance of a search warrant for his house and automobile. Upshur also moved to suppress an out-of-court photographic identification made by the victim, as well as evidence obtained as a result of the execution of the search warrant. At the conclusion of a pretrial suppression hearing, the circuit court denied the motion. Following a jury trial, Upshur was convicted of second degree assault, reckless endangerment, and carrying a concealed dangerous weapon. Subsequently, Upshur was sentenced to ten years

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