Gadson v. State

650 A.2d 1354, 102 Md. App. 554, 1994 Md. App. LEXIS 174
CourtCourt of Special Appeals of Maryland
DecidedDecember 28, 1994
DocketNo. 1729
StatusPublished
Cited by5 cases

This text of 650 A.2d 1354 (Gadson 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
Gadson v. State, 650 A.2d 1354, 102 Md. App. 554, 1994 Md. App. LEXIS 174 (Md. Ct. App. 1994).

Opinion

MOYLAN, Judge.

The appellant, Tyrone Jerome Gadson, was convicted in the Circuit Court for Anne Arundel County by Judge Raymond G. Thieme, Jr., sitting without a jury, of possession of cocaine with intent to distribute and of possession of marijuana with intent to distribute. On this appeal, he raises the single contention that, at the pretrial suppression hearing, Judge Thieme erroneously failed to exclude the physical evidence seized from him by the police.

The merits of the conviction are not in dispute. The case was submitted to Judge Thieme on an agreed statement of facts. On September 12, 1992, the appellant drove a truck to the guard shack in front of the Maryland House of Correction in Jessup. Maryland State Police Trooper Charles Prince searched the truck and recovered from the glove compartment three bags of crack cocaine and two bags of marijuana. Also [556]*556recovered from under the driver’s seat and floor mat were cigarette rolling papers. There was also found in the truck an electronic scale. The appellant freely admitted to Trooper Prince that the drugs were his and that he sold them to pay his bills because he did not have a job. The only issue on this appeal is the Fourth Amendment reasonableness of the search of the truck that produced that evidence.

By a process of elimination, we can isolate the single narrow issue before us. To do that, it behooves us to work backward from the ultimate search to the antecedent actions that preceded that search.

A Non-Issue:

The Ultimate Search of the Truck

There can be no disputing that the ultimate search of the cab of the truck and its glove compartment for narcotics was a legitimate warrantless search under the Carroll Doctrine. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970). A good warrantless search under the Carroll Doctrine or so-called “automobile exception” requires, of course, the combination of exigency plus probable cause. The ready mobility of the appellant’s truck satisfied the exigency requirement. California v. Carney, 471 U.S. 386, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985).

The probable cause to believe that the truck contained contraband narcotics was supplied by “Sandy,” a member of the Maryland State Police K-9 corps, who had been licensed as a certified drug detection dog and who worked regularly with Trooper Prince. As Sandy stood outside the appellant’s truck, with its doors closed, he “alerted” to the presence of narcotics. That the “alert” to the presence of narcotics by a trained and certified drug-sniffing canine is ample to establish probable cause is well established law. Snow v. State, 84 Md.App. 243, 247-248, 578 A.2d 816 (1990); In re Montrail M. , 87 Md.App. 420, 435-437, 589 A.2d 1318 (1991), aff'd, 325 Md. 527, 601 A.2d 1102 (1992); Grant v. State, 55 Md.App. 1, [557]*55714-15, 461 A.2d 524 (1983), cert. dismissed, 299 Md. 309, 473 A.2d 455 (1984). See also Florida v. Royer, 460 U.S. 491, 505-506, 103 S.Ct. 1319,1328-1329, 75 L.Ed.2d 229, 241-242 (1983).

Looking forward from the moment when Sandy, by “alerting,” communicated his belief to Trooper Prince that narcotics were in the truck, the Fourth Amendment was not offended by the ensuing warrantless Carroll Doctrine search of the truck for those narcotics.

Another Non-Issue:

The Antecedent Sniffing of the Truck

The question remains, however, of whether, looking backward, the Fourth Amendment was offended by Sandy’s sniffing of the truck. Whether the Fourth Amendment was even involved, so as to require satisfaction, at that particular stage of the total investigative episode depends upon whether a sniff or smell by a drug detection dog constitutes a “search” within the contemplation of the Fourth Amendment. It does not.

Trooper Prince described what he and his colleagues refer to as the “drug checkpoint.” He explained that after vehicles have entered the property of the Department of Corrections and are approaching the House of Correction itself, they have to come to a stop at a guardhouse. The driver is questioned by the guard on duty and advises him as to which facility the driver wishes to visit. Trooper Prince then described the modus operandi of the attendant scan of the vehicle by a drug sniffing canine:

While they’re at that guard house, at this time, either a Maryland State Police K-9 or Department of Corrections, Narcotics K-9, will go up and scan the vehicles. When I say scan the vehicles I mean just walk the dog on the outside of the vehicle, (emphasis supplied).

The elementary physics of the olfactory sense, at least in circumstances such as these, is that the dog’s nose never intrudes into a constitutionally protected area, such as the [558]*558appellant’s truck. It is rather the case that the dog’s nose remains outside, where the dog’s nose has a constitutionally unassailable right to be, and that the suspicious and incriminating vapors come wafting out across the public air to meet the dog’s nose on the dog’s nose’s turf. We see no doctrinal difference, be the investigator man or beast, between standing outside and smelling aromas emanating from a truck, on the one hand, and standing outside and hearing sounds resonating from a truck, on the other. In each case, the sensory receptor remains outside where it has a right to be and the stimuli come out to meet it there.

If Trooper Prince, while standing outside, had himself detected a suspicious smell escaping from the truck, no one could dispute his entitlement to factor that sensory data into his accumulation of probable cause. Taylor v. United States, 286 U.S. 1, 52 S.Ct. 466, 76 L.Ed. 951 (1932); Johnson v. United States, 333 U.S. 10, 68 S.Ct. 367, 92 L.Ed. 436 (1948). That the Maryland State Police chose to rely on Sandy’s nose rather than on Trooper Prince’s nose was a tactical decision without constitutional significance; it was nothing more than the most efficient deployment of the respective investigative talents of available personnel.

Utilizing an alternative framework of analysis, the Supreme Court in United States v. Place; 462 U.S. 696, 707, 103 S.Ct.

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Bluebook (online)
650 A.2d 1354, 102 Md. App. 554, 1994 Md. App. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gadson-v-state-mdctspecapp-1994.