Court of Special Appeals of Maryland· 9/27/2001

State v. Funkhouser

Citations

782 A.2d 387
140 Md. App. 696
2001 Md. App. LEXIS 161

How courts have described this case

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

―It is axiomatic that a search incident to lawful arrest is absolutely dependent on the fact of an actual arrest.‖
“[I]t is the arrest, not the right to arrest, that justifies a warrantless search incident.”
to be a valid search incident to an arrest, the arrest must be “essentially contemporaneous”
“The smelling or sniffing of the exterior surface of an otherwise protected repository (automobile, suitcase, locker, etc.) is not a ‘search’ within the contemplation of the Fourth Amendment.”
decision to arrest cannot be a ―consequence of what was found in the search‖
seeking “an arrest already in motion”

Source: CourtListener parenthetical corpus (CC0).

Judges: Submitted Before Adkins

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named State v. Funkhouser

3 other CourtListener records share this case 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.