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State v. Smith

Citations

  • 693 A.2d 749
  • 345 Md. 460
  • 1997 Md. LEXIS 46

How courts have described this case

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

  • noting that the reasonableness of a Terry stop and frisk must be “assessed on a case-by-case basis”
  • noting that the reasonableness of a Terry stop and frisk must be “assessed on a case-by-case basis”
  • holding that the officer exceeded the scope of a permissible Terry search where, after an initial pat-down disclosed no weapons, the officer pulled the defendant’s shirt up and discovered cocaine concealed in the waistband of the defendant’s pants
  • observing that search of a suspect’s pockets was reasonable following a patdown given that he was wearing a winter coat
  • warning that, “[i]f a pat-down reveals no weapon-like objects ... the risk of harm to the officer is no longer of sufficient magnitude to outweigh the individual’s competing interest in personal security, and the police officer may not further intrude upon the suspect”
  • “Where [a] pat-down reveals a hard object that the police officer reasonably believes may be a weapon, the officer may further intrude upon the individual to the extent necessary to seize the suspected weapon.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bell, Eldridge, Rodowsky, Chasanow, Karwacki, Raker, Murphy

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

17 cases in this archive are cited by this case.

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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.