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DOE v. COMDR., WHEATON POLICE DEP'T

[No. 63, September Term, 1974.]

273 Md. 262 (1974)

329 A.2d 35

DOE v. COMMANDER, WHEATON POLICE DEPARTMENT ET AL.

Court of Appeals of Maryland.

Decided December 4, 1974.

Attorney(s) appearing for the Case

Edward L. Genn for appellant.

Emory A. Plitt, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for Superintendent, Maryland State Police and Attorney General, part of appellees. Gerald G. Warren, Assistant County Attorney, with whom were Richard S. McKernon, County Attorney, and Alfred H. Carter, Deputy County Attorney, on the brief, for Commander, Wheaton Police Department et al., other appellees.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

MURPHY, C.J., delivered the opinion of the Court.

The appellant was arrested by a security guard at a Montgomery Ward Department Store in Wheaton, Montgomery County, Maryland on March 21, 1973, and later charged with committing an unnatural and perverted sexual act in violation of Maryland Code (1971 Repl. Vol.) Art. 27, § 554. On July 19, 1973, the State entered a nolle prosequi in the case, thereby terminating all criminal proceedings against the appellant...

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