LIVINGSTON v. STATE

No. 108, September Term, 1988.

317 Md. 408 (1989)

564 A.2d 414

WESLEY WARREN LIVINGSTON v. STATE OF MARYLAND.

Court of Appeals of Maryland.

October 11, 1989.


Attorney(s) appearing for the Case

Gary S. Bernstein (William H. Murphy, Jr., both on brief), Baltimore, for petitioner.

Jillyn K. Schulze, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


BLACKWELL, Judge.

This criminal case grows out of two marijuana seeds. The important constitutional issue presented is whether, under the circumstances of this case, a police officer has probable cause to arrest and search a backseat passenger after observing two marijuana seeds located on the front floor of an automobile. We conclude that relying solely on their proximity, an officer does not possess sufficient cause to believe that a backseat passenger has dominion...

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