Hundley v. State

Per Curiam. ⁴⁰⁴ The Appellant, Thomas Carter Hundley, was convicted of illegally possessing narcotics by Judge J. Harold Grady, sitting without a jury, in the Criminal Court of Baltimore, and sentenced to two years under the jurisdiction of the Department of Correction. In this appeal, the Appellant contends that (1) evidence obtained by a search of his person at the time of his arrest was improperly admitted since there was no probable cause for his arrest, and (2) the lower court’s refusal to compel the State to identify an informant was prejudicial error. The record indicates that Officer Daniel Davis of the Baltimore City Police Department, accompanied by other officers, arrested the Appellant, without a warrant, in the vicinity of the 1500 block of Pennsylvania Avenue in the City of Baltimore on February 21,1967 at approximately 4:45 P.M. A preliminary search of the Appellant’s person, conducted at the scene of the arrest, produced no incriminating evidence. Because of the cold weather and the excessive amount of clothing worn by the Appellant, 1 the Officers decided to take him to the office of the Narcotics Unit, where a more thorough search revealed twenty-nine gelatine capsules containing heroin hydrochloride concealed near the Appellant’s waistline.

Officer Davis further testified that he and another police officer received information concerning the Appellant’s purported activities from a known and reliable police informer, who had furnished reliable information since 1960, and who had been responsible for the conviction of four narcotic offenders whose names he was prepared to reveal. The information concerning the Appellant was given to the police on February 20, 1967, and indicated that the Appellant was actively engaged in the sale of narcotics in the vicinity of the 1500 block of Pennsylvania Avenue and that he could be found at that location at almost any time. The informer also indicated that the Appellant kept the narcotics in the waistband of his trousers. Additionally, the Appellant was known by Officer Davis as an addict and user of narcotics. ⁴⁰⁵ On cross examination Officer Davis was asked to reveal the name and address of the informer. 2 An objection was interposed by the State and the matter was taken under advisement.

Subsequently, the trial judge asked defense counsel if there was any evidence which the Appellant desired to offer bearing on the question of the necessity for revealing the informer’s identity. The Appellant then took the stand for this limited purpose and stated that he did not have “the slightest idea” who had given the information to the police. He further stated that although he lived in the Cherry Hill section of South Baltimore, he was in the neighborhood of Pennsylvania Avenue on the day of his arrest for the purpose of obtaining a haircut. He denied frequenting the area and also denied having heroin regularly in his possession.

He admitted knowing Officer Davis and acknowledged that the officer knew him to be a user of narcotics. The trial judge, after noting the testimony regarding the reliability of the informant, found that the officers had probable cause to arrest the Appellant and admitted the evidence seized from his person. The trial court further ruled, after reviewing all the testimony, that disclosure of the informant’s identity was not “necessary and material to the defense.” We agree with both rulings of the trial judge. I. It is now well established that information furnished to a law enforcement officer by an