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Bailey v. State

Citations

  • 987 A.2d 72
  • 412 Md. 349
  • 2010 Md. LEXIS 7

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an officer could not seize what he recognized as a glass vial because “the incriminating nature of the object in the defendant's pocket was not immediately apparent upon his initial touch of the object in the pat-down”
  • stating that a Terry frisk “is limited to a pat-down of the outer clothing” and its purpose is “not to discover evidence of a crime, but rather to protect the police officer and bystanders from harm by checking for weapons[.]”
  • proceeding to determine whether probable cause existed, after holding that Bailey’s detention was a de facto arrest and not a Terry stop
  • restraining a person in order to frisk without suspicion of weapons is a de facto arrest
  • defining a “frisk” as a “pat-down of [an individual’s] outer clothing[.]”
  • “In the case of a search incident to arrest, the State must show that probable cause supported a lawful arrest before the officer conducted the search.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Greene

Read full opinion on CourtListener

Cited by

50 cases in this archive cite this case; the 20 most cited are listed.

Cites

77 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.