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SMITH v. STATE

No. 105, September Term, 2009.

999 A.2d 986 (2010)

415 Md. 174

Clavon SMITH v. STATE of Maryland.

Court of Appeals of Maryland.

July 23, 2010.

Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Elizabeth L. Julian, Acting Public Defender, of Baltimore, MD), on brief, for petitioner.

Sharon Stanley Street, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, of Baltimore, MD), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

HARRELL, J.

Reminiscent of a scene from a Cheech & Chong movie,1 Baltimore City police officers, on 6 December 2006, executed a search warrant on a dwelling at 1932 Lanvale Street where the occupants on one floor were found shrouded in a haze of marijuana smoke. Despite the appearance of the police, Clavon Smith ("Petitioner"), one of those present, behaved as though everything remained "groovy." Smith was seated in a chair at a table...

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