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eBook details

• Title: Potts V. Maryland
• Author : Court Of Appeals Of Maryland
• Release Date : January 22, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This case involves a search of appellant Potts' residence under a search warrant issued prior to the Supreme Court's June 8, 1983 decision in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527. Appellant's trial motion to suppress incriminating evidence found in his house asserted a lack of probable cause to support issuance of the search warrant under the Supreme Court's pre- Gates decisions of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). The Circuit Court for Baltimore City (Hammerman, J.) determined that the probable cause test enunciated in Gates was applicable to the pre- Gates warrant, and that under the standard established by that case, the search warrant was validly issued. The court went on to conclude that were Aguilar and Spinelli controlling, the motion to suppress would have been granted since under those cases the search warrant application failed to demonstrate probable cause for the warrant's issuance. Potts was subsequently found guilty of six narcotic related offenses and appealed. We granted certiorari prior to decision by the intermediate appellate court primarily to determine the applicability of Gates to a pre- Gates search warrant, both under the Fourth Amendment to the Federal Constitution and Article 26 of the Maryland Declaration of Rights.

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