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GAHAN v. STATE

[No. 41, September Term, 1980.]

290 Md. 310 (1981)

MICHAEL EMMETT GAHAN v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided May 26, 1981.

Attorney(s) appearing for the Case

Barry J. Diamond, with whom was Gerald A. Kroop on the brief, for appellant.

Deborah K. Handel, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

SMITH, J., delivered the opinion of the Court. DAVIDSON, J., dissents and filed a dissenting opinion at page 322 infra.

Michael Emmett Gahan first contends that seized narcotics were admitted into evidence against him at trial in violation of his rights under U.S. Const. Amend. IV. We shall hold to the contrary. In anticipation of that holding he asks that under Maryland Declaration of Rights, Art. 26 we accord him automatic standing to contend that the evidence...

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