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McDOWELL v. STATE

No. 66, Sept. Term, 2008.

965 A.2d 877 (2009)

407 Md. 327

Ernest James McDOWELL v. STATE of Maryland.

Court of Appeals of Maryland.

February 19, 2009.

Attorney(s) appearing for the Case

Celia Anderson Davis, Asst. Public Defender (Nancy S. Forster, Public Defender), on brief, for Petitioner.

Jeremy M. McCoy, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen.), on brief, for Respondent.

Argued before BELL, C.J., HARRELL, GREENE, MURPHY, JOHN C. ELDRIDGE, (Retired, Specially Assigned) and ALAN M. WILNER, (Retired, Specially Assigned), JJ.

WILNER, J.

The issues before us are (1) whether the record adequately demonstrates that State Trooper Jeremiah Gussoni, after making a valid traffic stop of a pickup truck in which petitioner was a passenger, had a reasonable suspicion that a gym bag he observed just behind the passenger seat of the truck might contain a weapon, and (2) if so, whether the trooper was justified in ordering petitioner first to exit the vehicle...

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