Norfolk v. State

Thompson, J., delivered the opinion of the Court. Charles Norfolk, Jr., the appellant, complains of a conviction by a jury in the Criminal Court of Baltimore for the offense of ⁵³ being a rogue and vagabond (“unlawfully was a rogue and vagabond in violation of Article 27, § 490 of the Annotated Code of Md. to wit: having burglary tools in his possession at Light and Flamburg Streets”), on the basis that illegally seized evidence was introduced at his trial. There were several other complaints but we need consider only this one. Norfolk’s arrest was described by two of the three police officers involved in the following language: Officer Richard Henry testified as follows: “A Well, I was standing on the corner of Williams and Hamburg Street.

I was looking west on Hamburg Street and I observed what I took to be men standing alongside of the bar on the south side of Hamburg Street by a window, about twenty-five or thirty feet east of Light Street. “Q What, if anything, were they doing at that time? “A I couldn’t see. I wasn’t close enough to see what they were doing. And this building is the offices of Attorney at Law, Harry I. Kaplan, 1001 Light Street. “Q That is the address at wdiich you saw them ? “A Yes, sir, alongside of Hamburg Street. “Q What did you do ? “A I started along Light Street to investigate what they were doing alongside the window there. As I was going west on Hamburg Street, I don’t know if they seen me or what it was, but they took off at a fast pace walking. “Q What do you mean by a ‘Fast pace walking’ ? “A They just took off walking real fast.

It wasn’t a run and it wasn’t a slow walk. I mean to me, a slow walk is just dragging along, taking their good old time, but this started at a fast pace. “Q What, if anything, did you do when you saw these men start to leave ? “A I started going on down Hamburg Street towards Light Street to investigate them and, like I say, as I started down, I don’t know if they seen me or what, but they took to walking across Light Street at ⁵⁴ a fast pace. By this time Car Number 902, manned by Officer Robert Stevens and Edward Johnson, was northbound on Light Street and they observed them and'stopped them on the corner — on the northwest corner of Light and Hamburg Street. And I walked down, continued on, and Officers Johnson and Stevens were talking to the two men at that time.” Officer Robert M. Stevens testified as follows: “Q What, if anything, did you observe at that time on March 15, 1967? “A We observed the defendant, Charles Norfolk.

MR. CARDIN: For the record, the witness has indicated the defendant, Charles Norfolk, seated at the counsel table. “A And one Samuel Weaver, who is not present in the court room this afternoon. He emerged from alongside of 1001 Light Street, which is the law office of Harry Kaplan. As we were approaching up the street, these two walked hurriedly across the street into Hamburg Street.

As we turned into Hamburg Street, the headlights of the radio car hit right on both of them and Charles Norfolk turned his back as if trying to hide something. “Q What do you mean by ‘Turned his back as if to hide somehting’? Would you be a little more specific? “A As we were making the turn into the street, I was driving the radio car. They were on the sidewalk, which would be the northwest corner of Light and Hamburg Street. He turned his back away from us as. if he was trying to hide something. “Q What, if anything, did you do ? “A We stopped.

We got out. I asked him what they were doing. I got two conflicting stories from them. “Q You asked them what they were doing? “A That’s right. “Q What response did you get ? MR.

HARRIS: I would object, if Your Honor please. ⁵⁵ THE COURT: I will overrule the objection. Were they in custody at that time? “A Not at that time, no sir. THE COURT: All right, I will overrule the objection, but I will admit only what Norfolk said, not what the other man said. “Q Did Norfolk give you a response ? “A He stated they were going to a friend’s house to fix electrical fixtures. THE COURT: A what? “A Electrical fixtures. “Q What time was this ? “A Approximately 4:15 a.m. in the morning. “Q What, if anything, occurred then ? “A That is when Officer Johnson saw this screwdriver protruding