CARTER v. STATE

No. 35, Sept. Term, 2001.

788 A.2d 646 (2002)

367 Md. 447

Lisa Cheere CARTER, v. STATE of Maryland.

Court of Appeals of Maryland.

January 11, 2002.


Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender (Stephen E. Harris, Public Defender, and Anne Gowen, Assistant Public Defender, on brief), Baltimore, for petitioner.

Celia Anderson Davis, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, on brief), Baltimore, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, and BATTAGLIA, JJ.


BATTAGLIA, Judge.

In the matter now before us, the petitioner, Lisa Cheere Carter, asks us to consider whether a Frederick police officer's search of individual cigarettes in a pack contained in petitioner's lunch bag subsequent to her arrest on an outstanding warrant issued by a Montgomery County court was a valid search incident to arrest under the Fourth Amendment of the United States Constitution and Article 26 of the Maryland Declaration of Rights. In so doing...

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