BROWN v. STATE

No. 400, September Term, 1971.

15 Md. App. 584 (1972)

292 A.2d 762

WILLIE LEE BROWN, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 3, 1972.


Attorney(s) appearing for the Case

Submitted by Harry Sadoff for appellant.

Submitted by Francis B. Burch, Attorney General, James G. Klair, Assistant Attorney General, and William B. Yates, State's Attorney for Dorchester County, for appellee.

The cause was submitted on briefs to ORTH, MOYLAN and GILBERT, JJ.


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

A review of the convictions for storehouse breaking and larceny of the appellant, Willie Lee Brown, Jr., in the Circuit Court for Dorchester County by a jury, presided over by Judge C. Burnam Mace, poses squarely the question, "When is `open view' not `Plain View'?"

The "Plain View Doctrine" is simply that it is constitutionally reasonable for the authorities to seize objects come upon by inadvertence during...

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