FITZGERALD v. STATE

No. 8, September Term, 2004.

864 A.2d 1006 (2004)

384 Md. 484

Matthew Thomas FITZGERALD v. STATE of Maryland.

Court of Appeals of Maryland.

Reconsideration Denied February 3, 2005.


Attorney(s) appearing for the Case

Mark Colvin, Asst. Public Defender (Nancy S. Forster, Public Defender, on brief), Baltimore, for Petitioner.

Kathryn Grill Graeff, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of MD, on brief), Baltimore, for Respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


RAKER, Judge.

This case raises the issue of whether a canine sniff of an apartment door is a search under the Fourth Amendment of the United States Constitution. The United States Supreme Court and this Court have held that canine sniffs are non-searches for Fourth Amendment purposes. As the canine sniff doctrine does not depend upon the sniff's location, we shall hold that a sniff of an apartment door from a common area is a permissible non-search under the Fourth...

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