SILBERT v. STATE

No. 507, September Term, 1969.

10 Md. App. 56 (1970)

267 A.2d 770

PHILIP SILBERT v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 21, 1970.


Attorney(s) appearing for the Case

E. Thomas Maxwell, Jr., for appellant.

John J. Garrity, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Robert C. Ozer, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

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


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

The crux of this case is whether there was probable cause for the issuance of the search warrant under the authority of which the police searched the person of Philip Silbert and the automobile driven by him. We find that there was not. Therefore the lower court erred in denying appellant's pretrial motion to suppress the evidence made on that ground. The evidence admitted in...

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