Baziz v. State

612 A.2d 296, 93 Md. App. 285, 1992 Md. App. LEXIS 172
CourtCourt of Special Appeals of Maryland
DecidedSeptember 8, 1992
Docket1670, September Term, 1991
StatusPublished
Cited by5 cases

This text of 612 A.2d 296 (Baziz v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baziz v. State, 612 A.2d 296, 93 Md. App. 285, 1992 Md. App. LEXIS 172 (Md. Ct. App. 1992).

Opinion

*287 HARRELL, Judge.

After a bench trial in the Circuit Court for Baltimore County, appellant, Jack I. Baziz, was convicted of possession of cocaine with intent to distribute it. He was sentenced to three years in prison, with eighteen months suspended in favor of two years of probation. This appeal followed.

On appeal, appellant contends that the suppression judge erred in denying his motion to suppress incriminating evidence, including a confession, obtained as a result of his arrest, because the arrest was made without a warrant and without probable cause. We agree with appellant’s contention. Accordingly, we must reverse the conviction.

A.

Detective Douglas Kriete of the Baltimore County Police Department was the first witness to testify at the suppression hearing. Kriete testified to the following facts. On 26 October 1990, he was involved in an investigation of Simon Alpert. Prior to 26 October 1990, Alpert made a cocaine sale to one of Kriete’s undercover colleagues, Detective Jim Dorsey, in Alpert’s apartment in the Worthington Place Apartment Complex (Complex) in Owings Mills, Maryland. Alpert had arranged for another transaction with Dorsey to take place on 26 October 1990 at 1:00 p.m. in the parking lot adjacent to the Complex. Kriete was assigned to watch the transaction and, via radio, inform the other members of the investigation team of what transpired. From an observation post across the street from the Complex, Kriete could see through a large glass window on Alpert’s building into the hallway outside Alpert’s apartment, but not into the apartment itself.

At the scheduled time of the sale, Kriete saw Alpert and appellant emerge from Alpert’s apartment. Kriete was not acquainted with appellant and had no information concerning him. Alpert and appellant conversed in the hallway outside Alpert’s apartment and looked around the parking *288 lot adjacent to the Complex through the large glass window. Dorsey was already waiting in the parking lot. Alpert entered the elevator, then emerged from the building and approached Dorsey in the parking lot. The two conversed. They then entered Alpert’s car and drove off together. Appellant, who had remained at the window up to that time, reentered Alpert’s apartment. Alpert and Dorsey returned to the parking lot seven or eight minutes later. After they conversed briefly, Dorsey left. Alpert returned to his apartment. Ten minutes later, Alpert and appellant reemerged from the apartment, went to the parking lot, and drove off together in Alpert’s car. Kriete did not see any exchange of money or drugs between Alpert and appellant.

Based upon his observations and information about Alpert, as well as his eight years of experience as a police officer and four years of experience as an officer in the Narcotics Division, Kriete concluded that appellant was Alpert’s source of cocaine. Kriete explained that drug sources generally do not wish to meet ultimate purchasers, preferring instead to “remain back in the background and observe in the background.” Kriete attached significance to the fact that the previous transaction between Alpert and Dorsey took place in Alpert’s apartment:

[I]t seemed to us that [Alpert] did not want Detective Dorsey up there because of a certain reason. [Appellant] maintained his status as far as he could, but yet oversaw all of the actions that were taking place at that time.

Furthermore, Kriete was aware that Alpert’s usual source of drugs was incarcerated, Alpert having previously mentioned this fact to Dorsey, who in turn passed it along to the investigation team. According to Kriete, the latter fact, combined with appellant’s presence at the date and time scheduled for the cocaine sale, gave heft to his conclusion that appellant was Alpert’s new source of cocaine:

Alpert’s source was no longer available to him, which indicated to us that he does ... have another source of *289 cocaine, the reason the ... buy was set up on that particular day.

Kriete admitted on cross-examination, however, that it is “not uncommon” for drug dealers to keep stashes of drugs obtained from one source at different locations.

Sergeant David Diseroad, who was in charge of the investigation on 26 October 1990, also testified at the suppression hearing. Diseroad testified to the following facts. He was kept informed of events by Kriete and Dorsey and knew that the scheduled sale had been consummated. Diseroad followed Alpert’s car after Alpert and appellant had left the Complex. Alpert’s car pulled into a car wash parking lot, dropped appellant off, and drove away. Diseroad, after parking his car, followed appellant into the office of the car wash. Diseroad saw that appellant had “a wad of cash kind of rolled up in his hand.” Diseroad pulled out his badge and identified himself to appellant as a police officer. He told appellant that he wanted appellant to answer some questions and to step outside with him. Appellant acted “relatively nervous[.]” As Diseroad and appellant walked out the door to the office of the car wash, two other police officers approached from their left. Diseroad directed appellant toward the officers. At that point, “he [appellant] looked to his right ... away from the officers and he made a couple quick steps like he was going to run.” Diseroad and the other officers grabbed appellant and put him against a car, where they “conducted a search.” They found seven hundred dollars in appellant’s hand. The serial numbers of the bills matched those of the bills that Dorsey had given to Alpert in exchange for cocaine. 1

Detective Maurice Xenos was one of the officers at the car wash. Xenos, like Diseroad, testified at the suppression hearing that after Diseroad and appellant exited the door to *290 the office of the car wash, “it looked like he [appellant] was going to take off. At that time we grabbed him.” After the officers had placed appellant against a car and begun to “pat him down for weapons[,]” Xenos testified, appellant, without being asked any questions, “told me [Xenos] to get two ounces of coke in the front of his pants.”

Appellant, who testified on his own behalf at the suppression hearing, asserted that, up to the time he and Alpert left the Complex together in Alpert’s car, he was inside Alpert’s apartment and “was never at the window [in the hallway outside Alpert’s apartment].” Appellant also provided a far different account than did Diseroad and Xenos of what transpired at the car wash. Appellant testified that he walked into the office of the car wash with fifty dollars in his hand to pay for his car, which had been waxed. Thereafter, according to appellant, the following occurred:

In front of my face came a badge like this. I turned around real slowly and the officer told me to follow him outside. I did. I immediately followed him outside.
When I opened up the door all I saw were a lot of people standing to the left, which turned out to be police officers.
[One of the police officers] looked at me and he said, you look pretty quick, go for it. Exactly.
...

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Bluebook (online)
612 A.2d 296, 93 Md. App. 285, 1992 Md. App. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baziz-v-state-mdctspecapp-1992.