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Court of Special Appeals of Maryland· 12/9/2003

Fitzgerald v. State

Citations

  • 837 A.2d 989
  • 153 Md. App. 601
  • 2003 Md. App. LEXIS 158

How courts have described this case

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

  • recognizing, in a case concerning whether a K-9 alert provided probable cause to search an apartment, that “[t]he same degree of certainty that will support the warrantless Carroll doctrine search of an automobile will, ipso facto, support the warrantless arrest of a suspect”
  • appellate court’s role in reviewing suppression ruling concerning warrantless activity focuses on court’s decision whether to exclude challenged evidence
  • “[T]he vestibule of the apartment house was no different than a public street or an open field. The police needed no justification for being there.”
  • “at a suppression hearing challenging the issuance of a search warrant, the only evidence that should be considered by the court is that which is confined within the ‘four corners’ of the warrant and its application.”
  • suggesting Maryland Constitution requires no different result than Fourth Amendment
  • “If the defendant has no Fourth Amendment interest in the thing seized or the place searched, the defendant is barred, at the threshold, from raising the issue of the Fourth Amendment merits, whatever those merits might have been with respect to someone else.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Eyler, Adkins, Moylan

Read full opinion on CourtListener

Cited by

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

Cites

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

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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.