Price v. State

Henderson, J., delivered the opinion of the Court. The appellant was convicted of the crimes of forgery and uttering in a jury trial and sentenced to one year in the House of Correction. He contends that the trial court erred in ad ⁴¹⁹ mitting into evidence his oral confession, on the ground that it was the product of an illegal arrest and detention. The appellant was arrested by Officer Phillips of the State Police in a motel room on Route 40 at about 2:30 A.M. on August 11, 1961.

He testified the officer did not show a warrant, and the State did not offer any rebuttal. Officer Griffin, however, who talked to the appellant about six hours later at Waterloo Barracks testified that he had a warrant for his arrest in his possession at that time, charging Price with the commission of a felony. Whether Phillips had a warrant at the time of the arrest was not shown, nor was it clearly shown that probable cause to arrest without a warrant existed at the time of the arrest. Officer Phillips did not testify.

If we assume, without deciding, that the arrest was illegal, it would appear that that fact would not render the confession made on August 15, 1961, inadmissible. If there were warrants for his arrest outstanding at the time of his interview at the Waterloo Barracks on the morning of August 11th, it would seem to be quite immaterial that the initial arrest was illegal. He admitted that Officer Griffin took him before a magistrate on August 13th, to be informed of the charges against him, but it was not shown what the charges were. He was later transferred to Ellicott City jail, and there on August 15, he made the confession to Officer RaMastra of the Montgomery County Police.