WILSON v. STATE

No. 91, September Term, 2007.

975 A.2d 877 (2009)

409 Md. 415

Francis Eugene WILSON, Jr. v. STATE of Maryland.

Court of Appeals of Maryland.

July 20, 2009.


Attorney(s) appearing for the Case

Marc A. DeSimone, Jr., Asst. Public Defender (Nancy S. Forster, Public Defender, Baltimore), on brief, for petitioner/cross-respondent.

Kathryn Grill Graeff, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen., Baltimore), on brief, for respondent/cross-petitioner.

Argued before BELL, C.J., RAKER, HARRELL, BATTAGLIA, GREENE, JOHN C. ELDRIDGE (Retired, specially assigned) and DALE R. CATHELL (Retired, specially assigned), JJ.


RAKER, Judge.

In this criminal appeal, we consider whether petitioner was seized in violation of the Fourth Amendment to the United States Constitution. We shall hold that the police officer's seizure of petitioner was an unlawful arrest and in violation of the Fourth Amendment to the United States Constitution. Accordingly, the trial court erred in denying his motion to suppress the evidence resulting from his unlawful seizure.

I.

Francis Eugene...

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