Edwards v. State

⁵⁴⁷ Thompson, J., delivered the opinion of the Court. Horace L. Edwards, the appellant, presents a number of arguments as to why his convictions for violations of the narcotics laws by the Criminal Court of Baltimore should be reversed. Since we agree that the affidavit failed to show probable cause for the issuance of the search warrant, it will be unnecessary for us to consider the other contentions. At the outset we express our regret for the necessity of reversing these convictions of a drug dealer, upon whom the trial judge saw fit to impose sentences totaling twelve years, simply because the officers who prepared the affidavit obviously were not provided with necessary legal assistance in performing this task.

We quote the affidavit at its entirety: “AFFIDAVIT in support of a Search and Seizure Warrant for the premises known as 1210 McElderry Court apartment A-3 which is kept, rented, used or occupied by a colored male known as Horace and a C/F one Brenda Stokes. “By: Officer Robert Cohen and Leonard Santivasci Eastern Special Operations. “After receiving information concerning Narcotics Violations being committed at 1210 Mc-Elderry Court Apartment A-3 we sent a informant who has been reliable in the past giving information in 12 cases of Narcotic violations to this location. He stated he was admitted to the apartment by a colored female known to him as Brenda Stokes and once inside he met a colored male known to him as Horace. He stated he had a conversation with Horace about trying to buy drugs. Horace stated he had just got some good stuff in, but it wasnt ready yet and they walked into the kitchen and the informant observed empty glassine bags on the table along with measuring spoons and a quantity of white powder.

The subject Horace stated it would be a while before he could do anything ⁵⁴⁸ for him and that when he was ready it would be on the street with his dealers and not to come to the house as he didnt want him there. The informant is familiar with the gelatin caps and envelopes used in the Narcotic operations as he is a addict himself. “Because the source of information to the affiants mentioned in the opening paragraphs has given information to the affiants on previous occasions and which was correct and because this same information is given by other sources we believe that there are now illicit narcotic drugs and paraphernalia being secreted in the house by Horace and Brenda Stokes and they are with full knowledge and consent letting the premises be used for the purpose of selling Narcotic drugs. /s/ Officer Robert Cohen /s/ Officer Leonard Santivasci “SUBSCRIBED TO AND SWORN TO BEFORE ME THIS 30 DAY OF SEPT 1970.” It will be noted the affidavit fails to state the time of the events relied upon to show probable cause; thus there is no way the magistrate could determine there was probable cause to believe that the premises involved contained contraband on the date the warrant was issued. Although the precise issue does not seem to have been considered by the Supreme Court of the United States, nor by the Courts of Maryland, courts throughout the country seem to be in agreement that such an omission precludes the finding of probable cause on which to base the issuance of a warrant. The cases collected in 100 A.L.R.2d 527 and in the