Please ensure Javascript is enabled for purposes of website accessibility


Criminal procedure — Motion to suppress evidence — Terry frisk

Diverel Wright, appellant, was charged, in the Circuit Court for Howard County, with, inter alia, unlawful possession of a firearm by a convicted felon, after police officers discovered a handgun in his backpack. Prior to trial, appellant moved to suppress the handgun, arguing that the search of his backpack exceeded the scope of a Terry frisk. The court denied appellant’s motion. Appellant pled not guilty and proceeded on an agreed upon statement of facts. Following a bench trial, the court convicted appellant of unlawful possession of a firearm, and sentenced him to fifteen years’ incarceration, all but five suspended, and five years’ post-release probation.

Appellant appealed, and presents a single question for our review: “Did the circuit court err in denying the motion to suppress the evidence?”

Read the opinion