Bellard v. State

DARRELL BELLARD v. STATE OF MARYLAND
Court of Special Appeals, Nazarian, August 31, 2016,
Murder – Sentencing – Statutory remnants of the repeal of the death penalty did not create a new sentencing procedure that allowed for election of sentencing by jury in 1st Degree Murder trials

affirmed by CoA
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Sellman v. State

DONZEL SELLMAN v. STATE OF MARYLAND
Court of Appeals, Greene, August 24, 2016,
Frisk – Nervousness, presence in a high crime area, conflicting stories, and questionable identity provided did not amount to reasonable suspicion that the suspect was armed and dangerous. Frisk was illegal.

(Dissent – Watts, joined by Battaglia – would find RAS for frisk based on totality of circumstances, would credit arresting officer as did fact finder)
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Bowling v. State

JOSHUA PAUL BOWLING v. STATE OF MARYLAND
Court of Special Appeals, Graeff, Filed March 31, 2016,
CDS – Odor of Marijuana provides probable cause to believe evidence of “contraband or crime” is located within vehicle, thus justifying warrantless search without regard to quantity

Followed by CoA
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State v. Andrews

STATE OF MARYLAND v. KERRON ANDREWS
Court of Special Appeals, Leahy, Filed March 30, 2016,
Fourth Amendment – Cell Phones – “The use of a cell site simulator requires a valid search warrant, or an order satisfying the constitutional requisites of a warrant, unless an established exception to the warrant requirement applies”

“People have an objectively reasonable expectation of privacy in real-time cell phone location information”
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