Zimmerman v. State

552 A.2d 47, 78 Md. App. 1, 1989 Md. App. LEXIS 27
CourtCourt of Special Appeals of Maryland
DecidedJanuary 13, 1989
DocketNo. 704
StatusPublished
Cited by1 cases

This text of 552 A.2d 47 (Zimmerman 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
Zimmerman v. State, 552 A.2d 47, 78 Md. App. 1, 1989 Md. App. LEXIS 27 (Md. Ct. App. 1989).

Opinion

GILBERT, Chief Judge.

Thomas Zimmerman is a pedophile. He was tried and convicted by a jury in the Circuit Court for Anne Arundel County on four counts; namely, two counts of sexual child abuse and two counts of third degree sexual offense. Zimmerman’s culpability is beyond question. Yet, we must reverse the convictions because the police ignored the Fourth Amendment’s clarion command and unlawfully searched Zimmerman’s home, illegally seizing the evidence of his pedophilic activity.

The Facts

Thomas Zimmerman contacted the Anne Arundel County Police Department and informed them that while at home he was stabbed by Clarence Sears. The assailant fled in Zimmerman’s car. In response to the telephone call, Officer Brian Daniels went to Zimmerman’s home. While en route to Zimmerman’s residence, Daniels learned that another police officer had apprehended Sears. Nevertheless, Daniels, when he arrived at Zimmerman’s home, conducted a visual sweep of the house in order to ensure that there were no other persons present.

While searching the home, Daniels saw a poster of a nude male holding his own erection. Additionally, Daniels observed several volumes of diaries. He looked through the diaries for the alleged purpose of finding clues as to what had happened. He said that he wanted to discover whether Zimmerman was a homosexual who suffered from AIDS. In the diaries Daniels found several entries relating to sexual encounters between Zimmerman and young males.

[4]*4, Two detectives arrived at the Zimmerman home to assist Daniels. At Daniels’s request, the detectives looked through the diaries. When the detectives departed, they took with them several of the diaries as well as a Rolodex.

The confiscated diaries were used to demonstrate the probable cause necessary to obtain a search warrant. Execution of the warrant revealed photographs of men and boys in various poses displaying their genitalia. The photographs were shown to Zimmerman’s ex-wife, who readily identified two of the boys in the pictures as her nephews.

The nephews were contacted and, because of what both they and Zimmerman’s ex-wife recounted, Zimmerman was arrested and charged with the sexual offenses of which he was convicted.

The Issue

Zimmerman posits to this Court three issues. We need but answer one of them, namely:

Did the hearing court err in denying the motion to suppress the evidence seized in the execution of the search warrant? 1

The Law

The Constitution of the United States, through the Fourth Amendment, proscribes all unreasonable searches and seizures. Searches that are conducted “without prior approval by a judge or magistrate, are per se unreasonable under the Fourth Amendment, subject only to a few specifically established and well-delineated exceptions.” Katz v. United . States, 389 U.S. 347, 357, 88 S.Ct. 507, 514, 19 L.Ed.2d 576 (1967). When the sanctity of the home is involved, the exceptions to the warrant requirement are few. Doering v. State, 313 Md. 384, 397, 545 A.2d 1281, 1287-88 (1988).

[5]*5In Mincey v. Arizona, 437 U.S. 385, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978), the Court held that a search of a dwelling was not constitutionally permissible simply because a homicide had recently occurred there. See also Thompson v. Louisiana, 469 U.S. 17, 105 S.Ct. 409, 83 L.Ed.2d 246 (1984). The Mincey court rejected the contention that there is a “murder scene exception” to the warrant clause of the Fourth Amendment. Justice Stewart, writing for the Court, said in Mincey:

“[A] warrantless search must be ‘strictly circumscribed by the exigencies which justify its initiation’ [Terry v. Ohio, 392 U.S. 1, 25-26, 88 S.Ct. 1868, 1882, 20 L.Ed.2d 889 (1968) ] ... the mere fact that law enforcement may be made more efficient can never by itself justify disregard of the Fourth Amendment____ The investigation of crime would always be simplified if warrants were unnecessary.” 437 U.S. at 393, 98 S.Ct. at 2413-14.

The police officers who, in the instant case, read through Zimmerman’s diaries did so without a warrant. The search of the house was likewise warrantless. Officer Daniels’s explanation that because he saw a poster of a nude male grasping an erection he believed Zimmerman might have AIDS, and, therefore, he read through the diaries to find the names and addresses of doctors is imaginative but incredible. This particularly is true in light of the fact that the officer made no attempt whatsoever to contact any doctor. His words whisper one thing while his actions shout another. We hear the shout loud and clear.

The State contends, however, that we should uphold the search because the officers were looking for clues at a crime scene. The Supreme Court in Mincey, 437 U.S. at 393, 98 S.Ct. at 2414, answered a similar argument, observing:

“If the warrantless search of a homicide scene is reasonable, why not the warrantless search of the scene of a rape, a robbery or a burglary? ‘No consideration rele[6]*6vant to the Fourth Amendment suggests any point of rational limitation’ of such a doctrine____”

Mincey is dispositive of this case.

Once the AIDS explanation is rejected, it may not be successfully asserted that the search of the Zimmerman house was justified by any emergency threatening life or limb. See Buie v. Maryland, 314 Md. 151, 550 A.2d 79 (1988). A warrant is required to search a home unless the exigencies are compelling. Mincey v. Arizona, 437 U.S. at 393-94, 98 S.Ct. at 2413-14. There are absolutely no compelling circumstances in the case at bar. Indeed, the contrary is true because the assailant had been captured before the investigating officer even began a search of the premises, and the stabbing victim, Zimmerman, was coherent and able to recount the events.

The purpose of the exclusionary rule is to ensure that no matter how culpable an accused may appear to be his guilt must be proven through a fair trial in accord with due process. Trusty v. State, 308 Md. 658, 674, 521 A.2d 749 (1987). The “fruit of the poisonous tree” doctrine is an aspect of the exclusionary rule, a judicially imposed sanction for violations of the Fourth Amendment right against unreasonable searches and seizures, and requires courts to suppress evidence which is the product of unlawful governmental activity. Ferguson v. State, 301 Md. 542, 547-48, 483 A.2d 1255 (1984).

In the instant case, the police unlawfully searched through, and confiscated, Zimmerman’s diaries. Based on the items acquired during the search, they were able to obtain a search warrant. The warrant is tainted because of the officers’ illegal activity.

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552 A.2d 47, 78 Md. App. 1, 1989 Md. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zimmerman-v-state-mdctspecapp-1989.