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Sizer v. State

174 A.3d 326 (2017)

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Sizer v. State

Maryland Court of Appeals

174 A.3d 326 (2017)

Facts

Several officers were patrolling a footpath on bicycles and noticed a group of people play fighting and passing around a bottle wrapped in a brown paper bag in a nearby parking lot about 25-35 yards away. One person in the group threw the bottle, which the officers heard hit the ground. The officers approached the group to investigate. One person in the group, Jamal Sizer (defendant), fled the officers on foot. One of the officers, Andrew Schlossnagle, pursued Sizer on foot and tackled him. Sizer stated that he carried a handgun. The officers arrested Sizer, searched him incident to the arrest, and found the handgun in Sizer’s backpack and 27 oxycodone pills in Sizer’s sock. Before trial, Sizer moved to suppress the gun and pills as fruit of an unlawful seizure. At the suppression hearing, Schlossnagle testified that the officers came upon Sizer in a high-crime area where there had been a series of robberies, and local business owners had often complained of drugs, drinking, and loitering. Schlossnagle also testified that the day before, someone had displayed a handgun on the footpath. The trial court excluded the evidence, finding that the officers had not connected anyone in Sizer’s group to the robberies or display of the gun. The state (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Greene, J.)

Concurrence/Dissent (Adkins, J.)

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