Hubbard v. State

Grason, J., delivered the opinion of the Court. On October 9, 1949, Sergeant Howard M. Smith, Jr., of the police force of the City of Cambridge, Dorchester County, Maryland, swore out a warrant before Trial Magistrate Jones, in which he charged Naomi Hubbard “on or about the 9th day of October, 1949, at the City of Cambridge, * * * unlawfully did keep and suffer to be kept on her premises, in her possession, and under her charge and control for the purpose of sale and delivery within this State, certain alcoholic beverages, without a license or permit as provided by law, * * Article 2B, Section 2, 1947 Supplement to Code. The accused prayed a jury trial and was tried in the Circuit Court for Dorchester County before a jury, convicted, sentenced, and has appealed to this court. ¹⁰⁶ On the night of October 9, 1949, Sergeant Smith went to the home of Naomi Hubbard, rapped on the door, and after she was told that he had a warrant for her arrest, she opened the door and he entered. Shortly thereafter Lieutenant Leonard and Sergeant Dayton, of the Cambridge police, entered the traverser’s home.

There was an apartment on the first floor of her house, consisting of a kitchen, a combination dining room and living room, and a bedroom. The testimony of the State is that after the warrant was read to the traverser she was asked if they could “look around”, and she told them that they could “look around”. The result was that the officers found in the apartment five bottles, some containing gin and some containing whiskey. This testimony was contradicted by the traverser.

The traverser filed a motion to suppress the evidence found by the officers on the night of the arrest, because the search by which it was obtained was illegal, and in violation of Article 35, section 5, of the 1947 Supplement to the Annotated Code of Maryland, and of Articles 22 and 26 of the Maryland Declaration of Rights, and Amendments Four and Five of the Constitution of the United States. The court overruled the motion. At the trial objection was made to the introduction of