Henderson v. State

5 A.3d 1072, 416 Md. 125, 2010 Md. LEXIS 608
CourtCourt of Appeals of Maryland
DecidedOctober 7, 2010
Docket20, Sept. Term, 2009
StatusPublished
Cited by9 cases

This text of 5 A.3d 1072 (Henderson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henderson v. State, 5 A.3d 1072, 416 Md. 125, 2010 Md. LEXIS 608 (Md. 2010).

Opinions

Opinion by

MURPHY, J.

In the Circuit Court for Harford County, a jury convicted Hayward T. Henderson, Petitioner, of possession of a controlled dangerous substance with intent to distribute, and [128]*128possession of a firearm in connection with a drug trafficking crime. The State’s evidence, which was seized during a warrantless search of Petitioner’s person and his mother’s automobile, was sufficient to establish that he committed those offenses on May 2, 2005. Petitioner argues that the State’s evidence should have been suppressed on the ground that those searches violated his Fourth Amendment right to protection against unreasonable government intrusion.

After Petitioner’s convictions were affirmed by the Court of Special Appeals in Henderson v. State, 183 Md.App. 86, 960 A.2d 627 (2008), he filed a petition for writ of. certiorari, in which he presented this Court with two questions:

1. Does a passenger in a car pulled over by the police for a minor traffic violation have to attempt to leave the scene and be stopped by the police before Maryland will consider that passenger has been “detained,” particularly when the U.S. Supreme Court in Brendlin v. California [551 U.S. 249, 127 S.Ct. 2400, 168 L.Ed.2d 132 (2007)] has already held that such a passenger is “seized” for Fourth Amendment purposes?
2. Can a law enforcement officer justifiably detain all passengers in a car pulled over for a traffic violation until a K-9 unit arrives on the basis that one of the passengers has an outstanding warrant and possesses $741 in cash?

We granted the petition. 407 Md. 529, 967 A.2d 182 (2009). For the reasons that follow, we answer “no” to each question, and therefore reverse the judgment of the Court of Special Appeals.

Background

The opinion of the Court of Special Appeals includes the following factual background:

The [Petitioner] was one of two passengers in a vehicle that Harford County Sheriffs deputies engaged in a traffic stop on May 2, 2005, at 9:28 p.m. Deputy Paul Ruszala twice observed the vehicle fail to stop fully at stop signs, in violation of Md.Code (1977, 2006 Repl.Vol.), section 21-707 [129]*129of the Transportation Article (“TR”). After the stop was called in, Deputy Scott Blankenship, who was patrolling nearby, responded to the scene for backup, arriving about two minutes later.
Deputy Ruszala performed a routine driver’s license and registration check and recognized both the driver, Andre Austin, and the [Petitioner] because of their prior involvement in CDS activities. [Deputy Ruszala arrested Austin on a CDS charge roughly three weeks before this traffic stop occurred. Petitioner was with Austin at the time but had nothing on him.] Deputy Ruszala requested a K-9 unit, which was dispatched at about 9:32 p.m. Deputy Blankenship, who had been conducting a computer check for outstanding warrants, determined that there was an outstanding arrest warrant for the other passenger, Maurice Kevin Lewis, for failure to appear at a probation hearing on CDS-related charges. Before effecting an arrest, Deputy Blankenship called for additional backup, because departmental safety guidelines require at least an equal number of police officers to suspects when an arrest is made. There was a “four to five minute” delay while the deputies awaited confirmation from the dispatcher that the warrant for Lewis was “still good and valid and active.” The motion judge found that the arrest warrant confirmation was radioed to deputies on the scene at 9:39 p.m.
[Per regulations pertaining to officer safety, a] third officer, Sergeant Carl Brooks, arrived at 9:40 p.m. Immediately afterward, Deputy Blankenship removed Lewis from the vehicle and placed him under arrest. [An alternate entry on the CAD report shows Lewis’s arrest as taking place at 9:43 p.m.] A search of his person incident to arrest recovered $741 “in one of his pockets.”
At 9:52 p.m., [approximately 24 minutes after the vehicle was initially stopped for the traffic violation, and 9-12 minutes after the arrest of Lewis,] Corporal John Seilback arrived with his K-9, Sabre. (The K-9 unit had been on patrol in Havre de Grace, a 20-minute drive away.) Deputies ordered Austin and [Petitioner] out of the vehicle to [130]*130perform the K-9 scan. They frisked the two men for weapons, but found none. When Sabre gave a positive alert, Deputies Ruszala and Blankenship handcuffed Austin and [Petitioner]. Deputy Ruszala searched Austin, recovered crack cocaine from inside a skull cap he was wearing, and arrested him. Deputies then searched the vehicle. They did not find CDS, but did find two weapons: a dock model 23 handgun under the front passenger seat where Lewis had been sitting, and a “silver colored pocket knife” on “the rear floorboard, between [Petitioner’s] feet.” They also found, inter alia, a gray mask, two black baseball caps with the word “Police” on the front in white lettering, a video camera, cell phones, and $901 in currency.
Deputy Ruszala advised [Petitioner] he was under arrest. Deputy Blankenship then searched him and found a clear plastic bag that held a loose rock of crack cocaine and five smaller baggies of crack cocaine.

Id. at 89-91, 960 A.2d at 629-630 (footnotes omitted).

Petitioner filed a motion to suppress evidence seized, arguing that (1) the police officers had no legal basis to detain him for a traffic violation committed by Mr. Austin, and (2) the police impermissibly extended the length of the stop to allow the K-9 unit enough time to arrive.

At the suppression hearing, the State called Deputy Paul Ruszala, the officer responsible for the initial stop, who had filed a “STATEMENT OF PROBABLE CAUSE” pursuant to Md. Rule 4-211(b)(2) that included the following information:

At approximately 2128 hours [he] observed a 2002 Kia, 4-door, silver in color bearing MD tag 182AZW traveling west on Brookside Drive. The vehicle failed to come to a full and complete stop at the stop sign that is posted on Brookside Drive which intersects Fountain Rock Way and Topview Drive. [He] got behind the vehicle and further observed the vehicle fail to come to a full and complete stop at the stop sign on Topview Drive and Horseshoe Lane. [He] activated his emergency lights and initiated a traffic stop at Horseshoe Lane and Topview Drive.
[131]*131[He] identified the driver by his New Jersey driver’s license as Andre Tyree Austin. [He] knows Mr. Austin as a CDS user who was previously arrested for a CDS related offense approximately three weeks ago. Also, seated inside of the vehicle in the rear passenger seat behind the front passenger was [Petitioner] who [he] knows as a CDS user/seller with cautions as an armed person who has been known to have associations with the criminal street gang the “Crips.” There was also a yet unidentified male who was sitting in the front passenger seat of the vehicle. [He] went back to his patrol vehicle to complete a license and registration check of the driver, complete the appropriate citations and await for backup Deputies to arrive.
Dep.

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Bluebook (online)
5 A.3d 1072, 416 Md. 125, 2010 Md. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-state-md-2010.