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Bailey v. State
Maryland Court of Appeals
987 A.2d 72 (2010)
One night, officer Rodney Lewis was patrolling on foot a neighborhood known for drug activity and encountered Robert Bailey (defendant) standing alone beside a house. Lewis yelled to ask whether the house belonged to Bailey. Approaching Bailey, Lewis smelled ether and suspected the presence of phencyclidine (PCP). Lewis grabbed Bailey’s hands and placed them over Bailey’s head. Lewis then frisked Bailey and found and removed from Bailey’s pocket a vial containing a liquid that field testing confirmed was PCP. Lewis arrested Bailey. The state (plaintiff) charged Bailey with possession. The trial court denied Bailey’s motion to suppress the evidence. Bailey was convicted and appealed.
Rule of Law
Holding and Reasoning (Greene, J.)
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