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LEWIS v. STATE

No. 95, Sept. Term, 2006.

920 A.2d 1080 (2007)

398 Md. 349

Lamont Anthony LEWIS v. STATE of Maryland.

Court of Appeals of Maryland.

April 12, 2007.

Attorney(s) appearing for the Case

Claudia A. Cortese, Assistant Public Defender, (Nancy S. Forster, Public Defender, on brief), Baltimore, MD, for Appellant.

Steven L. Holcomb, Assistant Attorney General, (Douglas F. Gansler, Attorney General of Maryland, on brief), Baltimore, MD, for Appellee.

Argued before RAKER, CATHELL, HARRELL, BATTAGLIA, GREENE, and LAWRENCE F. RODOWSKY and ALAN M. WILNER (Retired, Specially Assigned), JJ.

BATTAGLIA, J.

Petitioner, Lamont Anthony Lewis, seeks review of the denial of his motion to suppress the seizure of marijuana discovered during a traffic stop after Lewis "almost" struck a police car. We hold that the court erred in denying Lewis's motion because the police did not have an articulable reasonable suspicion to stop Lewis based upon the fact that he "almost" hit the car.

I. Introduction

On April 27, 2005,1

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