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HERBERT v. STATE

No. 570, September Term, 1969.

10 Md. App. 279 (1970)

269 A.2d 430

BUFORD CLAYTON HERBERT v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided October 7, 1970.

Attorney(s) appearing for the Case

Henry C. Engel, Jr., and Stephen A. Tarrant for appellant.

James F. Truitt, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Edwin H.W. Harlan, Jr., State's Attorney for Harford County, and Donald G. Smith, Assistant State's Attorney for Harford County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ORTH and THOMPSON, JJ.

ORTH, J., delivered the opinion of the Court.

These two appeals in one record present a question of law: does the Fourth Amendment protection against unreasonable searches and seizures apply only to governmental action? We find that it does. This finding poses a question of fact: was the seizure of the challenged evidence in these cases by governmental action? We find that it was not. Therefore we hold that the evidence...

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