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KOSTELEC v. STATE

No. 17, Sept. Term, 1997.

703 A.2d 160 (1997)

348 Md. 230

Joseph KOSTELEC v. STATE of Maryland.

Court of Appeals of Maryland.

December 12, 1997.

Attorney(s) appearing for the Case

Richard D. Neidig, Adam C. Linn, The Law Offices of Richard D. Neidig, on brief, Columbia, for petitioner.

Gary E. Blair, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for respondent.

Argued before BELL, C.J., ELDRIDGE, RODOWSKY, CHASANOW, RAKER and WILNER, JJ., and ROBERT L. KARWACKI, J. (retired), Specially Assigned.

RODOWSKY, Judge.

In this drug case the petitioner, Joseph Kostelec (Kostelec), moved to suppress evidence that had been seized during a search of his home under an anticipatory search warrant. As grounds for the motion, Kostelec contended, inter alia, that an anticipatory warrant violates Maryland Code (1957, 1996 Repl.Vol.), Art. 27, § 551(a). For the reasons set forth below we shall hold that § 551(a) does...

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