HOWARD v. STATE

Nos. 697, 747, September Term, 1981.

51 Md. App. 46 (1982)

442 A.2d 176

MARK STEWART HOWARD v. STATE OF MARYLAND. GERALD MATTHEW LECOMPTE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 2, 1982.


Attorney(s) appearing for the Case

Alan J. Goldstein, with whom were Horowitz, Oneglia, Goldstein, Foran & Parker, P.A. on the brief, for appellants.

Alexander L. Cummings, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Robert C. Bonsib, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before MOYLAN and LOWE, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Appeals (retired), specially assigned.


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

I.

Under the adversary system enjoyed in the administration of justice in this State, it is imperative that a nice balance be struck between responsibility for criminal conduct and the protection of Constitutional rights guaranteed to all persons. If the scale is weighed too heavily on either side, due process is eroded. The attainment of this delicate balance is especially appropriate with respect to searches...

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