Gatewood v. State

Digges, J., delivered the opinion of the Court. In order to unravel the factual pattern that has resulted in this appeal we begin with the events of September 13, 1968, when the Baltimore City Police found a lottery in operation while executing a search and seizure warrant at a second floor apartment on Calverton Heights Avenue. The appellant, Bland Calvin Gatewood, was on the premises at the time of the raid and along with Eleanor Janey and Joseph McCloud was arrested for violating the lottery laws. In conjunction with these arrests various items of gambling paraphernalia including lottery slips; tapes and adding machines were seized by the authorities.

Additionally, $6,182.00 in U.S. currency which Gatewood had in his pocket was taken by the police and held subject to the provisions of Art. 27, § 264 of the Maryland Code (1957, 1971 Repl. Vol.). Subsection (a) of that statute states in part: “Deemed contraband. — Whenever any money, currency or cash shall be seized or captured by any police officer in Baltimore City [and various ³⁰³ listed counties] in connection with any arrest for the playing or operation of any bookmaking, betting and wagering on horses or athletic events, or any lottery, game, table, or gaming device unlawful under the provisions of this article, all such money, currency or cash shall be deemed prima facie to be contraband of law as a gambling device or as a part of a gambling operation.” On July 23, 1969 appellant, upon pleading guilty in the Criminal Court of Baltimore to an indictment charging violation of the lottery laws (Art. 27, §§ 356, 360-61-62), was sentenced by Judge Sodaro to six months in prison (eventually suspended), plus a $1,000.00 fine. Two days later on July 25, Gatewood filed a petition in the Criminal Court to compel the police department to return the money it had seized from him, arguing that the cash was his personal funds and not related to the illegal lottery.

Without notice to the City or State’s Attorney, Judge Sodaro granted the relief sought and subsequently the police relinquished the currency to appellant’s counsel. Nearly three months later on October 17, the State’s Attorney, apparently after getting wind of what had happened, filed a petition asking the Criminal Court to vacate its earlier order surrendering the money and requesting that Gatewood be required to turn over $6,182.00 to the Director of Finance of Baltimore City. When Judge Sodaro considered this matter at a hearing appellant testified at length in his own behalf. However, since the court determined that the seized currency was contraband, these efforts did not prove fruitful, as not only was Gatewood instructed to pay the money to the City for forfeiture but later he was indicted and found guilty of committing perjury at that hearing.

In compliance with the order appellant paid $6,182.00 and on November 18, 1970 the Criminal Court, at the behest of the Director of Finance, forfeited that money to the City. ³⁰⁴ Following this, some seventeen months later on April 27, 1971, the appellant filed a motion in the same criminal proceeding asking that the hearing of November 7, 1969 be declared “null, void and of no effect,” and to “withdraw, and strike out any or all show cause or other orders of this Court which may have been issued either as a direct or indirect result of the said proceeding.” Two weeks later, Gatewood filed a second motion requesting that the show cause summons of October 17, 1969 be quashed and the resulting judgment stricken. Both motions were considered by Judge Harris and denied; this appeal follows. Several contentions are presented by the appellant for our consideration, including a claim of double jeopardy and the issue of whether the statute (§ 264) is constitutional. However, under our view of this case, we are only confronted with the arguments concerning the jurisdiction of the Criminal Court of Baltimore over the money once Gatewood was found guilty of the lottery charges, and the authority of this Court to determine that question on direct appeal.

Very recently we have had the opportunity to discuss in detail the