Maryland Frederick Drug Possession Attorneys Heroin Seizure Evidence

Maryland Frederick Drug Possession Attorneys Heroin Seizure Evidence

Eli v. State

Facts:

Defendants sought review of judgments from the Criminal Court of Frederick (Maryland), which convicted them of possession of heroin drug, control of heroin, and possession of narcotic paraphernalia. The trial court also found that one defendant was guilty as a second offender and another defendant was guilty as a third offender.

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We have client meeting locations in Montgomery County (Rockville) & Baltimore, Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Maryland Frederick Drug Possession Attorneys Heroin Seizure Evidence
Maryland Frederick Drug Possession Attorneys Heroin Seizure Evidence

Holdings:

The Maryland Court made the following holding:
  • If the seizure of the evidence objected to is not unreasonable, it is properly admissible. The seizure of the evidence would not be unreasonable, even though without a search warrant, if the arrest of the appellant was lawful, for then the seizure would be an incident to a lawful arrest. The arrest of a defendant would be lawful even though without a warrant of arrest, if the arresting officer had probable cause to believe that a felony had been committed and that the defendant had committed the felony, or if the defendant committed a misdemeanor in the presence of the arresting officer. However, the facts and circumstances showing probable cause must come lawfully within the knowledge of the officer, and the commission of the misdemeanor in the officer’s presence must be lawfully observed by him otherwise the arrest will not support the introduction of the evidence.
  • When a person is convicted of possession of a narcotic upon evidence that he had actual possession, a conviction of having the same drug in his control is duplicitous. A conviction of possession based upon physical possession precludes a conviction also for control based on the same possession.

We have client meeting locations in Montgomery County (Rockville) & Baltimore, Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.