BRUMMELL v. STATE

No. 142, September Term, 1996.

685 A.2d 835 (1996)

112 Md. App. 426

Kent Aubrey BRUMMELL v. STATE of Maryland.

Court of Special Appeals of Maryland.

December 2, 1996.


Attorney(s) appearing for the Case

Shannon E. Avery, Assistant Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for Appellant.

Rachel Marblestone Kamins, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, Baltimore, and Michael C. Maloney, State's Attorney for Dorchester County of Cambridge, on the brief), for Appellee.

Submitted before MOYLAN and SONNER, JJ., and PAUL E. ALPERT, Judge (Retired), Specially Assigned.


MOYLAN, Judge.

The subject of this opinion is the threshold issue of Fourth Amendment coverage, not the ultimate issue of Fourth Amendment satisfaction. Indeed, unless and until Fourth Amendment applicability is established, the Fourth Amendment merits are irrelevant. The Fourth Amendment regulates police searches and police seizures, commanding that they be reasonable. It does not regulate all police behavior vis-a-vis a suspect. The sub-issue...

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