Taylor v. State

Gilbert, J., delivered the opinion of the Court. Clarence Edward Taylor was convicted in a non-jury trial of violating the gambling laws (Md. Ann. Code Art. 27, § 240) and received a six month suspended sentence and a fine of $200.00. He was placed on probation for a period of six months, during which time the fine was to be paid. The sole question presented by this appeal is whether or not the trial judge erred in denying a motion to suppress evidence on the ground that there was no probable cause for the issuance of a search and seizure warrant.

We conclude for the reasons stated infra that the evidence should have been suppressed. We accordingly reverse the judgment of conviction. The record reveals that the Maryland State Police obtained a search and seizure warrant from a judge of the District Court for the search of “Brownie’s Pool Hall” in Crisfield, Maryland. The affidavit upon which the warrant was issued states: “APPLICATION is herewith made for a Search and Seizure Warrant in that there is probable cause to believe the laws relating to the Illegal Manufacturing, Distribution and Possession with intent to Distribute Controlled Dangerous Substances, as defined in Article 27, Sections 286 and 287 of the Annotated Code of ⁵³⁸ Maryland, 1957 Edition as amended and revised, dealing generally with narcotics, Hallucinogenic and dangerous drugs are being violated in and upon a certain two story building situated at Fourth Street, Crisfield, Somerset County, Maryland, more particularly described as a two story, white frame building, the said building divided into two floors.

The roof of said building white in color. This application is for a Search and Seizure Warrant for that portion of the building which is located on the first floor of the above mentioned building, as aforesaid, and the entrance to said building is had via a wooden door leading from the south side of said building, as aforesaid; the said building is located on the north side of Fourth Street, between Main Street and Broadway Street, Crisfield, Somerset County, Maryland. The aforesaid building is the fourth building east of Main Street and fourth building West of Broadway Street, on Fourth Street, Crisfield, Somerset County, Maryland. The aforesaid building known as Brownie’s Pool Hall and operated by John Henry Brown, Crisfield, Maryland.

The building further identified by a [sic] enclosed porch on the south side of same. The name of your affiant/ is Trooper Edwin D. Horner of the Maryland State Police Narcotic Section, Christopher White, Washington, D. C. In support of this application and the basis for probable cause your affiant/ deposes and says: That on August 24, 1971 at approximately 12:00 AM your affiant White went to Brownie’s Pool Hall, on Fourth Street, Crisfield, Somerset County, Maryland and knocked ⁵³⁹ on the back entrance. Your affiant White was greeted at the door by colored male known as George Rolley and had conversation with Rolley and asked him if he had any ‘stuff?’ George Rolley then advised affiant White to wait for J.B. Then affiant White observed two colored males known as Pee Wee and J.B. pass a hypodermic syringe between the two of them. Approximately 20 minutes later J.B. came outside the building and dumped a half a glass of water.

The affiant White then had conversation with J.B., J.B. then told the affiant White to park on the corner of Fourth and Broadway Street, Crisfield, Maryland while he went to get his stash (meaning drugs). J.B. went to his residence and was unable to get his stash, however, he gave the affiant White a small glassine bag containing a white powder substance. The affiant White then advised J.B. he would see him tomorrow. That the affiant White has assisted your affiant Horner and other members of the Maryland State Police Narcotic Section in many investigation [sic] involving similar cases of Controlled Dangerous Substances Laws; and as such has lead to the conviction of many of the defendants involved in these cases.

That the affiant White has been involved in the investigation of approximately 100 cases of Controlled Dangerous Substances over the past six months. That your affiant Horner has been a police officer for approximately three years, that your affiant Horner has been a member of the Maryland State Police, Vice-Narcotic Section for three months, and as such has conducted or participated in the conduct of approximately 50 investigations of Controlled Dangerous Substances violations; that your affiant Horner has attended the State of New Jersey Narcotic ⁵⁴⁰ School, at Sea Girt, New Jersey, and the Maryland State Police Narcotic School, Wye Mills, Maryland. That your affiant Horner on September 8, 1971 submitted the small glassine bag containing white powder substance and it was analyzed to be Codeine Phosphate, a Controlled Dangerous Substance of Schedule II by Baltimore City PD, Chemist, R. S. Davis. Your affiant Horner avers, that based on the information of the affiant White, as aforesaid and the affiant’s knowledge and experience as a member of the Maryland State Police, Vice-Narcotic Section, there is probable cause to believe and does believe, that the laws regulating Controlled Dangerous Substances as herein-before cited are being violated in and upon the premises as hereinbefore described.

Your Affiant, therefore, prays that a Search and Seizure Warrant be issued authorizing him, with the necessary and proper assistance, to: a. Enter and search the person/s, premises as completely described above. b. Search the person/s and clothing of .........................., and all other person/s found in or upon said premises who may be participating in violations of the statutes hereinbefore cited; c. Open and search any safes, boxes, bags, compartments or things in the nature thereof, found in or upon said premises or person/s [;] d.

Seize all evidence, paraphernalia and money used in or incidental to the conduct or operation of narcotic violations, found in or upon said premises, persons; and ⁵⁴¹ e. Arrest all persons found in or upon said premises who may be participating in violations of the statutes hereinbefore cited. SUBSCRIBED AND SWORN TO, this 23rd day of September, in the year of Our Lord, 1971. S/Edwin R. Horner