Sheetz v. Mayor of Baltimore

527 A.2d 787, 72 Md. App. 51, 1987 Md. App. LEXIS 355
CourtCourt of Special Appeals of Maryland
DecidedJuly 9, 1987
DocketNo. 1443
StatusPublished
Cited by2 cases

This text of 527 A.2d 787 (Sheetz v. Mayor of Baltimore) 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
Sheetz v. Mayor of Baltimore, 527 A.2d 787, 72 Md. App. 51, 1987 Md. App. LEXIS 355 (Md. Ct. App. 1987).

Opinion

BISHOP, Judge.

This case presents one issue of first impression in Maryland: whether the fourth amendment exclusionary rule, usually applicable in criminal cases, applies to civil administrative disciplinary proceedings involving the alleged misconduct of Baltimore City Jail correctional officers. In resolving this issue, our methodology is grounded in the pragmatism of cost-benefit analysis. Specifically, we must balance the social benefits in excluding illegally obtained evidence against the societal costs for such exclusion. Because of the especially important public interests in ensuring the safe and efficient operation of our prisons, we decline to extend the exclusionary rule to the administrative proceeding involved in this case.

I.

FACTS

On the evening of November 3, 1983, members of the Baltimore City Police Department had under surveillance a red van of Baltimore City Correctional Officer Lieutenant Clifford Weems, which he had parked across the street from the City Jail. Noticing the trafficking of people to and from the van around 10:15 p.m., the police moved in and arrested Lieutenant Weems, appellant and four other Baltimore City correctional officers, all of whom were inside the vehicle. In a warrantless search incident to the arrest, police seized packaged cocaine, heroin, marijuana and drug paraphernalia.

[53]*53The State charged appellant with possession of cocaine, marijuana, drug paraphernalia and resisting arrest. The State’s Attorney, however, dropped its prosecution of those charges when the District Court for Baltimore City suppressed all evidence amassed during the arrest on the ground that the search and seizure was in violation of appellant’s fourth amendment rights.

Subsequently, a civil administrative proceeding was initiated in which the Warden of the Baltimore City Jail set out to discipline appellant. Relying on the illegally seized evidence, the Warden ruled that appellant Melvin Sheetz had conducted himself in a manner “unbecoming of an employee of the City,” and was thus in violation of Baltimore City Civil Service Commission Rule 56(l)(f). Since the violation of this rule constitutes a “sufficient cause[ ] for removal or discharge,” id., the Warden terminated the employment of appellant as a correctional guard at the Baltimore City Jail.

Sheetz appealed the Warden’s decision to the Civil Service Commission. A hearing officer for the Commission conducted a consolidated hearing involving appellant and several other similarly situated correctional officers. During that hearing, appellant argued that the district court’s recent suppression order should apply to the Warden’s disciplinary proceeding. The hearing officer denied appellant’s request for suppression. The evidence was received over appellant’s standing objection.

In a written opinion dated September 7, 1984, the hearing officer recommended that the Commission should sustain the Warden’s decision to terminate appellant’s employment. The Commission adopted the recommendation in toto.

Appellant then filed a petition for Writ of Mandamus1 in the Circuit Court for Baltimore City against the Mayor and [54]*54City Council of Baltimore, appellees. The circuit court, however, affirmed the decision, holding that the exclusionary rule is not applicable in a civil administrative disciplinary proceeding.

The Scope of the Exclusionary Rule

A.

Criminal Cases

The Fourth Amendment guarantees:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

U.S. CONST. amend. IV. Based on this amendment, the Supreme Court has crafted the exclusionary rule as “a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect.” United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 620, 38 L.Ed.2d 561 (1974); accord United States v. Leon, 468 U.S. 897, 906, 104 S.Ct. 3405, 3411, 82 L.Ed.2d 677 (1984) (quoting Calandra); see also Whitaker v. Prince George's County, 307 Md. 368, 381, 514 A.2d 4 (1986). In emphasizing that “the rule’s prime purpose is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures,” the Court in Calandra pointed out:

“The rule is calculated to prevent not to repair. Its purpose is to deter—to compel respect for the constitutional guaranty in the only effectively available way—by removing the incentive to disregard it.”

[55]*55Calandra, 414 U.S. at 347, 94 S.Ct. at 620 (quoting Elkins v. United States, 364 U.S. 206, 217, 80 S.Ct. 1437, 1444, 4 L.Ed.2d 1669 (1960).

The evolution of the rule began in 1914 when the Supreme Court ruled that federal courts must exclude evidence that a federal officer seized in violation of the Fourth Amendment. Weeks v. United States, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652 (1914). This rule, supervisory in nature, applied to federal, and not to state court proceedings. State officials could illegally seize material for trial without the threat of judicial sanction in state proceedings, except in the most extreme cases. See, e.g., Wolf v. Colorado, 328 U.S. 25, 27, 69 S.Ct. 1359, 1361, 93 L.Ed. 1782 (1949) (determining that Fourth Amendment was applicable to states through the Fourteenth Amendment, but only to the extent of protecting against intrusions that “are implicit in the concept of ordered liberty”); Rochin v. California, 342 U.S. 165, 172-73, 72 S.Ct. 205, 209-10, 96 L.Ed. 183 (1952) (ruling that an illegal seizure of evidence could be sufficiently offensive to the concept of “ordered liberty” as to render the admission of that evidence a violation of the due process clause).

Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961) expanded radically the scope of the exclusionary rule. Holding the rule applicable to state criminal proceedings, the Court explained:

Since the Fourth Amendment’s right of privacy has been declared enforceable against the States through the Due Process Clause of the Fourteenth, it is enforceable against them by the same sanction of exclusion as is used against the Federal Government. Were it otherwise, then just as without the Weeks

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Bluebook (online)
527 A.2d 787, 72 Md. App. 51, 1987 Md. App. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheetz-v-mayor-of-baltimore-mdctspecapp-1987.