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Criminal procedure — Motion to dismiss indictment — Fourth Amendment violation

On August 23, 2012, Walter Dwayne Davis, appellee, was arrested at a shopping center in Largo, Maryland, as the primary suspect in two rape investigations. Appellee was subsequently indicted by the grand jury in Prince George’s County on ten counts, including first and second degree rape, first degree burglary, and false imprisonment. Acting through his attorney, appellee filed an omnibus pretrial motion which included, inter alia , motions to suppress illegally obtained evidence and to dismiss the charges.

Appellee also filed a pro se motion to dismiss the indictment, arguing that police violated the Fourth Amendment, as well as the Maryland Wiretapping and Electronic Surveillance statute, Maryland Code, Courts and Judicial Proceedings Article (“C.J.”), § 10-402(c)(ii), when locating and arresting him. After conducting two motions hearings, the circuit court granted appellee’s motion to dismiss the indictment.

In this appeal, the State, appellant, challenges the dismissal of the charges.

Read the opinion here: