Wilson v. State

Dissenting Opinion by HARRELL, J„ which CATHELL, J., joins. I dissent. The Majority opinion is fine until its very end (Maj. op. at 442-43, 975 A.2d 893 ) when it misapplies its careful analysis and recitation of the community care-taking function as it should be applied in Maryland. The Majority holds that Officer Zimmerer violated Wilson’s Fourth Amendment rights when he handcuffed Wilson and transported him to the hospital.

Maj. op at 442, 975 A.2d 892 . Calling it “unreasonable” (i.e., not narrowly tailored) to handcuff Wilson in order to place him in the cruiser for such transport, the Majority finds it important to its conclusion that it discerns no reason in the record for why an ambulance was not summonsed for the purpose. Maj. op. at 441-42, 975 A.2d 892 . The Majority’s reasoning overrides the latitude that ought to be granted to law enforcement officers to make discretionary calls as to what additional public services may be necessary under varying circumstances.

The record tells me that, other than some scraped knuckles on his hands and his general catatonic behavior, Wilson’s observed condition may not have commanded an ambulance and an EMT. In any event, what ⁴⁴⁴ makes the Majority imagine that, under these circumstances, Wilson’s liberty would not have been restricted by restraints had he been transported by ambulance? Transport by police vehicle seems eminently reasonable, appropriate to the occasion, and fiscally sound. To call Officer Zimmerer’s exercise of judgment here unreasonable and unconstitutional is wrong.

As Chief Judge Krauser stated for the Court of Special Appeals in its opinion in this matter: [Although the officer thought that [Wilson] might “possibly [be] under the influence of a controlled dangerous substance,” he testified that he stopped [him] and later transported him to the hospital out of concern for [Wilson’s] safety and the safety of others, and not to detect or investigate any criminal conduct by [Wilson]. The officer stated that he got out of his vehicle to