Thomas v. Warden

Sybert, J., delivered the opinion of the Court. On January 3, 1961, the applicant, William Thomas, who was represented by privately retained counsel, pleaded guilty to a charge of violating the State narcotics laws (second offense) and was sentenced to ten years in the Maryland Penitentiary. He entered no appeal. In March, 1963, Thomas filed a petition for relief under the Uniform Post Conviction Procedure Act.

At a hearing in the Criminal Court of Baltimore, Thomas contended: (1) that “he was searched and arrested without a warrant and the fruits of this search were used against him; and (2) that he was induced to enter a plea of guilty, without full knowledge on his part as to the plea.” In denying the petitioner relief under the Act, Judge Jones found as a fact that he had entered the guilty plea voluntarily and with full knowledge of its meaning and consequences. However, Judge Jones made no finding in regard to the reasonableness vel non of the search. On application to this Court we granted leave to appeal, Thomas v. Warden, 235 Md. 636 , 201 A. 2d 495 (1964), and remanded the case for a factual finding on the reasonableness vel non of the search. In so doing we reserved our decision on whether Judge Jones had correctly found that the plea of guilty had been voluntarily and knowingly made.

Pursuant to our mandate Judge Jones held a hearing and determined that the search of Thomas was unreasonable, that the fruits of the search were used as evidence against him, and that if Mapp v. Ohio, 367 U. S. 643 (1961), were applicable Thomas was entitled to a