State v. Ward

712 A.2d 534, 350 Md. 372, 1998 Md. LEXIS 424
CourtCourt of Appeals of Maryland
DecidedJuly 1, 1998
Docket35, September Term, 1997
StatusPublished
Cited by28 cases

This text of 712 A.2d 534 (State v. Ward) 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
State v. Ward, 712 A.2d 534, 350 Md. 372, 1998 Md. LEXIS 424 (Md. 1998).

Opinions

[374]*374RODOWSKY, Judge.

The issue in this search warrant case is whether there was probable cause to believe that instrumentalities and evidence of a street murder could be found in the residence and/or motor vehicle of the person identified as the murderer. As explained below, we hold that there was probable cause.

Shortly before 11:30 p.m. on Wednesday, September 30, 1992, Alfred Stewart (Stewart) was shot a number of times and killed on a public street in Baltimore City. Over the next two days persons who would not identify themselves telephoned the police stating that the respondent, Gary R. Ward (Ward), had murdered Stewart. Ward was brought to police headquarters for questioning, and his automobile was towed there. Ward was not charged at the time, but the police would not allow Ward to drive his car away because its license tags had expired. Three days after the murder an eyewitness identified Ward in a photographic array as Stewart’s killer. The police then obtained the subject warrant to search Ward’s home and automobile. Seized in the search of the automobile were three .357 “MAG” hollow point cartridges. These were introduced into evidence by the State at Ward’s trial on charges of murder in the first degree and of using a handgun in the commission of a crime of violence.

That trial was conducted in November 1993. Ward was convicted and sentenced to life imprisonment. On appeal, the Court of Special Appeals, in an unreported opinion dated November 9, 1994, remanded for the limited purpose of holding a suppression hearing.1 On remand the Circuit Court for Baltimore City conducted a hearing and denied the motion to suppress in September 1995. Ward again appealed, and the Court of Special Appeals reversed in an unreported opinion [375]*375filed January 7, 1997. That court concluded “that the search warrant was invalid because the affidavit lacked information of nexus between the item sought and the place to be searched.” The State moved for reconsideration, contending that the opinion of January 7, 1997, conflicted with the opinion of November 9, 1994. That motion was denied in an unreported opinion filed March 20, 1997, in which the court held “that there was nothing in the warrant documents upon which the officer could have based objectively reasonable reliance that the automobile contained evidence of the crime involved.”

We granted the State’s petition for certiorari. That petition raises only the nexus issue.

Application for the search warrant here involved was made on October 4, 1992, four days after the Stewart murder. The affiant was a detective of the homicide unit of the Baltimore City Police. His thirteen years’ experience included work in the drug enforcement and vice units. The warrant sought was to search “[a] two (2) story row-type dwelling” located at 1634 Darley Avenue in Baltimore City and a 1983 Oldsmobile Cutlass, described by tag number, serial number, and color. Set forth in the margin is the text of the affidavit, excluding those portions describing the places to be searched and the background of the affiant.2

[376]*376United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965), directs how the affidavit is to be read by courts reviewing the magistrate’s decision to issue a search warrant.

“If the teachings of the Court’s cases are to be followed and the constitutional policy served, affidavits for search warrants ... must be tested and interpreted by magistrates and courts in a commonsense and realistic fashion. They are normally drafted by nonlawyers in the midst and haste of a criminal investigation. Technical requirements of elaborate specificity once exacted under common law pleadings have no proper place in this area. A grudging or negative attitude by reviewing courts toward warrants will tend to discourage police officers from submitting their evidence to a judicial officer before acting.”

Id. at 108, 85 S.Ct. at 746, 13 L.Ed.2d at 689.

I. The Inferences

With the foregoing guidance in mind, we turn to a review of the affidavit in the instant matter. Stewart was shot late on the evening of September 30, 1992, in the 1400 block of Cliftview Avenue in the Eastern District of the Baltimore City Police Department. Inasmuch as the cause of death was multiple' gunshot wounds and his body was found lying between two parked cars, the inference is that Stewart was [377]*377gunned down on the public street. The warrant authorized a search for, inter alia, “Handguns, Ammunition, Personal Papers showing ownership/possession of a firearm.” It is self-evident that the murder weapon was not found at the crime scene.

The fact that the first of the witnesses who telephoned the police would not identify themselves is significant. These witnesses knew Ward by sight and name. There was no information from any caller that the murderer was a person other than Ward. Ward, age twenty to twenty-one, had an arrest record that included two or more handgun “[vjiolations.” All of this information permitted the magistrate to infer that these witnesses were unwilling to identify themselves because they feared Ward. The affidavit described Ward, not in terms but in reasonable inference, as a person to whom a handgun and ammunition are items of utility and value. Consequently, the magistrate could infer a reasonable probability that, between the murder and the application for the warrant, Ward had not disposed of the murder weapon and that Ward would be even less likely to have disposed of the weapon’s less incriminating bullets.

The magistrate further could infer that the weapon was not on Ward’s person when he was brought in for questioning less than forty-eight hours after the murder. As a matter of self-protection the police most certainly would have done a pat-down for weapons when they accosted Ward, and the police were still looking for the murder weapon when they applied for the warrant. Apparently Ward was accosted when he was in or about his automobile, inasmuch as the police towed that automobile to headquarters while Ward was transported to headquarters by other means. Thus, the weapon was not in plain view in Ward’s automobile when the police towed it.

Under the authorities reviewed below, the magistrate had probable cause to believe that the murder weapon and associated evidence of the crime of murdering Stewart could be found in Ward’s home and/or in his automobile, but out of [378]*378view. Because more court decisions deal with residences than with automobiles, we shall review the residence cases first.

II. The Residence

That there was probable cause to find a nexus in the instant matter is supported by Mills v. State, 278 Md. 262, 363 A.2d 491 (1976).

Mills was convicted of kidnapping two women and of raping and robbing one of them. He was arrested on the day following the crimes when he was identified by the rape victim while he was on a public street. The crimes had been effected by threatening the victims with a hunting knife which was not on Mills’s person when he was arrested. The victims were able to give a detailed description of the knife which the police seized under a warrant, issued after Mills’s arrest, for the search of his residence. Mills contended, inter alia,

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Bluebook (online)
712 A.2d 534, 350 Md. 372, 1998 Md. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ward-md-1998.