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STATE OF MARYLAND v. BRANDON CARTER and STATE v. JAMES MAJOR

Charged with possession of heroin with intent to distribute and other offenses arising from the search of a vehicle they occupied, Brandon Carter and James Major, appellees, filed respective motions to suppress the evidence seized by police during a warrantless search of that vehicle.

A suppression hearing was held in the Circuit Court for Caroline County on both motions. At the conclusion of that hearing, the circuit court granted their motions, holding that appellees had a legitimate expectation of privacy in that vehicle, though it was owned by neither of them, but, although there was probable cause to search the vehicle, the search was unlawful because the police should have obtained a warrant before doing so, as they had “immobilized” the car prior to the search.

Although the State then noted an interlocutory appeal from the grant of each of the two motions, we have consolidated the two appeals for consideration by this Court.

Read the unreported opinion.

 

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