KIRSCH v. STATE

No. 110, September Term, 1970.

10 Md. App. 565 (1970)

271 A.2d 770

LOUIS ANTHONY KIRSCH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 28, 1970.


Attorney(s) appearing for the Case

Alexander R. Martick for appellant.

Francis X. Pugh, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Fred Grant and Joseph B. Harlan, Assistant State's Attorneys for Baltimore City, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON and POWERS, JJ.


MURPHY, C.J., delivered the opinion of the Court.

Appellant claims that his constitutional right to be secure from an unreasonable search and seizure was violated when a police officer, without a search warrant, invaded his privacy while he was in a locked men's room in a gas station and secured evidence of his guilty control of heroin and narcotic paraphernalia.1

The evidence at trial showed that on December 7, 1968 at 9:30 p...

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