Jones v. State

765 A.2d 127, 362 Md. 331, 2001 Md. LEXIS 7
CourtCourt of Appeals of Maryland
DecidedJanuary 9, 2001
Docket93, Sept. Term, 1999
StatusPublished
Cited by14 cases

This text of 765 A.2d 127 (Jones 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
Jones v. State, 765 A.2d 127, 362 Md. 331, 2001 Md. LEXIS 7 (Md. 2001).

Opinion

*333 ELDRIDGE, Judge.

The sole question presented by this case concerns the interpretation of Maryland Code (1957, 1996 Repl.Vol.), Art. 27, § 150, which makes it a misdemeanor to “make a false statement, report or complaint” to a police officer, “knowing the same ... to be false and with intent to deceive and with intent to cause an investigation or other action to be taken as a result thereof.”

On December 14, 1997, the Police Department of the City of Salisbury, Maryland, received a report that gun shots were fired at 401 Naylor Street and that someone had been hit by a bullet. Emergency Medical System units, the fire department, and Officer Mark White of the Salisbury police department, were all sent to 401 Naylor Street in response to the report. Officer White checked the residence for potential victims, searched for evidence and met with paramedics. White also spoke with a neighbor, Alayne Levy, who told him that the defendant, Lanol Williams Jones, and his young niece had gone to the emergency room at the Peninsula Regional Medical Center.

White went to the hospital emergency room where he met and interviewed Jones. Jones explained that he and his niece were walking through a wooded area in the city park when a shot rang out, wounding his niece. Realizing that his niece was shot, Jones picked her up and went to the hospital. After Jones’s statement, police officers were dispatched to the park.

White later spoke to someone in the hospital emergency room who gave a conflicting account of the shooting incident. White then returned to Jones to inquire further. In contrast to his earlier statement, Jones told White the following story. At approximately 4:20 in the afternoon, Jones opened the front door of 401 Naylor Street and saw a man standing on the front porch. Jones did not want the police to suspect that drugs were being sold from the house, so he told the man to leave. Jones later looked out the window to see if the man had left and observed a second person approaching. Jones then went downstairs, where his niece followed, to greet the *334 person at the front door. As Jones opened the front door to peek outside, a shot was fired striking his niece. Jones then used his neighbor Alayne Levy’s car to transport his niece to Peninsula Regional Medical Center.

Police Lieutenant Mark Tyler also met Jones at the hospital and heard Jones’s account of how his niece was shot when he opened the front door of 401 Naylor Street. Later, at police headquarters, Jones explained to Tyler why he had changed his story. Jones informed Tyler that his brother was having some problems in the neighborhood involving drug dealers and that, therefore, Jones did not want the police going to his brother’s house.

Based on Jones’s conflicting accounts of the shooting, Jones was charged and convicted by the Circuit Court for Wicomico County of violating Code (1957, 1996 Repl.Vol.), Art. 27, § 150. 1 Thereafter, the court imposed a six month sentence for the false statement conviction. 2 The Court of Special Appeals affirmed in an unreported opinion, and this Court granted Jones’s petition for a writ of certiorari. Jones v. State, 856 Md. 177, 738 A.2d 854 (1999).

Jones argues that Art. 27, § 150, is not directed at his conduct, as the statute is not violated when an untruthful statement is made in response to questions propounded by the police after an investigation has already begun. According to Jones, “the offense is committed [only] by one who initially informs the police of a falsehood which causes them to undertake an investigation.” (Petitioner’s brief at 6). Jones contends that “there was no evidence that [he] initiated the report of the shooting to police or that he intended that the police undertake an investigation,” and, as such, his conviction cannot stand. (Id. at 11, emphasis in original). Jones’s argument is in accord with the interpretation of the statute set *335 forth in our opinion in Choi v. State, 316 Md. 529, 560 A.2d 1108 (1989).

The State, on the other hand, argues that a false statement to the police which “causes police ... to embark on a false ‘lead’ during the course of an ongoing investigation” violates the statute. (Respondent’s brief at 5). The State asserts that this Court’s interpretation of the statute in Choi v. State, supra, “ought to be repudiated and examined anew.” (Id. at 10).

In general, Art. 27, § 150, prohibits the making of false statements to police officers with the intent to cause an investigation or other action to be taken. Section 150(a) provides:

“A person may not make a false statement, report or complaint, or cause a false statement, report or complaint to be made, to any peace or police officer of this State, of any county, city or other political subdivision of this State, or of the Maryland-National Capital Park and Planning Police knowing the same, or any material part thereof, to be false and with intent to deceive and with intent to cause an investigation or other action to be taken as a result thereof.”

In Choi v. State, supra, 316 Md. at 546-548, 560 A.2d at 1116— 1117, this Court thoroughly explored § 150(a) and analyzed the types of conduct which § 150 proscribed. We stated in Choi as follows (316 Md. at 547, 560 A.2d at 1116-1117, footnotes omitted):

“Clearly, in enacting this statute, the General Assembly intended to proscribe false reports of crimes and other statements which instigate totally unnecessary police investigations. The statute, however, does not expressly proscribe a false response to police questioning after an investigation has already begun.”
“As the statutory language shows, an element of the offense is the intent to cause an investigation or other action to be taken. In our view, this element is not satisfied when a false statement results from an interview as part of an ongoing police investigation. Rather, there must be a false *336 report of a crime or a statement with the intent to cause other action to be taken. Applying the doctrine of ejusdem generis, the ‘other action’ must be of the same general nature as the initiation of an investigation.”

Thus, under Choi, the offense of making a false statement to a police officer is not committed by one who, during an ongoing investigation, answers an investigating police officer’s inquiries untruthfully. The offense is only committed by one whose false statement causes the police initially to undertake an investigation or other action. The Choi opinion reviewed similar statutes in other jurisdictions and pointed out that they had been interpreted “in a like fashion.” 316 Md. at 548, 560 A.2d at 1117.

About a year prior to the Choi opinion, the Court of Special Appeals had similarly construed § 150 in Johnson v. State, 75 Md.App.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Woznicki v. GEICO Morse v. Erie Insurance
115 A.3d 152 (Court of Appeals of Maryland, 2015)
American Bank Holdings, Inc. v. Kavanagh
82 A.3d 867 (Court of Appeals of Maryland, 2013)
Butler v. State
78 A.3d 887 (Court of Special Appeals of Maryland, 2013)
Montgomery County v. Robinson
76 A.3d 1159 (Court of Appeals of Maryland, 2013)
Moore v. State
989 A.2d 1150 (Court of Appeals of Maryland, 2010)
Allen v. State
935 A.2d 421 (Court of Appeals of Maryland, 2007)
Pye v. State
919 A.2d 632 (Court of Appeals of Maryland, 2007)
Conteh v. Conteh
897 A.2d 810 (Court of Appeals of Maryland, 2006)
Miller v. U.S. Foodservice, Inc.
405 F. Supp. 2d 607 (D. Maryland, 2005)
Plein v. Department of Labor
800 A.2d 757 (Court of Appeals of Maryland, 2002)
In Re Heather B.
799 A.2d 397 (Court of Appeals of Maryland, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
765 A.2d 127, 362 Md. 331, 2001 Md. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-md-2001.