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McGURK v. STATE

No. 00501, September Term, 2010.

28 A.3d 720 (2011)

201 Md. App. 23

Carrie McGURK v. STATE of Maryland.

Court of Special Appeals of Maryland.

September 7, 2011.

Attorney(s) appearing for the Case

George Harper, Upper Marlboro, MD, for appellant.

Edward J. Kelley (Douglas F. Gansler, Atty. Gen., on the brief), Baltimore, MD, for appellee.

Panel: EYLER, DEBORAH S., HOTTEN, and JAMES P. SALMON (Retired, Specially Assigned), JJ.

JAMES P. SALMON (Retired, Specially Assigned), J.

At approximately 3:15 a.m. on June 29, 2009, Carrie McGurk and a male companion were on the second floor balcony of a house located at 608 Philadelphia Avenue, Ocean City, Maryland. An Ocean City police officer, who was passing by on his bicycle, saw the couple. He parked his bike, and, uninvited, walked up one flight of stairs and entered onto the balcony. The officer was...

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