 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Nieves v. State12/23/2003
This case is one of first impression. Following the arrest of appellant, Chris Nieves, he was transported to the police station and subsequently strip searched. It is undisputed that the strip search yielded several baggies of crack cocaine that were partially protruding from appellant's rectum. He maintains that, because the officers lacked reasonable suspicion to conduct a strip search incident to his arrest for a minor offense, the search was unconstitutional and his motion to suppress the fruits of that search (i.e., the crack cocaine) should have been granted.
Following the denial of his motion to suppress, appellant was convicted by the Circuit Court for Washington County of possession with the intent to distribute cocaine, possession of cocaine, and driving without a license and two other violations of the Transportation Article of the Maryland Code. For the possession of cocaine with the intent to distribute conviction, appellant was sentenced to ten years without the possibility of parole. The circuit court merged the possession of cocaine conviction, and imposed monetary fines for the three traffic-related violations. This appeal followed and presents the following question:
Did the trial court err by denying appellant's motion to suppress the evidence seized subsequent to a strip search of appellant?
We answer "Yes" and explain.
FACTS
Testimony at the hearing on appellant's Motion to Suppress disclosed that at approximately 7:45 a.m., Officer Ackerman was on routine patrol in the area of Wakefield Road and West Franklin Street. Officer Ackerman explained that when he stopped his vehicle behind a Toyota pick-up truck at the intersection stop sign, he noticed that the driver and sole occupant of the pick-up truck, later identified as appellant, appeared to be having some difficulty with the truck's transmission gear shift. Officer Ackerman testified that "the vehicle started to drift back as if the clutch was engaged and it wasn't in gear." The pick-up truck rolled backward and struck Officer Ackerman's police vehicle.
Officer Ackerman approached appellant's vehicle and asked appellant "if he possessed a valid driver's license," to which appellant responded that he did not. Officer Ackerman then asked appellant if he possessed "a valid driver's license in any state," to which appellant responded that he did not. At that point, Officer Jason Dietz, who had been riding in the police vehicle with Officer Ackerman, exited the police vehicle and began questioning appellant. Meanwhile, Officer Ackerman received information from the police dispatcher that the pick-up truck was registered to a female who had been reported missing for ten days.
According to Officer Ackerman, Officer Dietz asked appellant for his name, and appellant responded that his name was "Nathan Nieves." He further informed the officer that his date of birth was June 26, 1976. Officer Ackerman testified that Officer Dietz then ran a check for driver's license information and a check for any outstanding warrants. The checks returned no information.
*2 Officer Ackerman testified that he and Officer Dietz then advised appellant of the dispatcher's negative result, and appellant responded by providing a different first name, that of "Chris," but the same last name. The dispatcher's check of the name "Chris Nieves" revealed that appellant did not have a valid driver's license, but instead had only an identification license, which was suspended. There were no outstanding warrants.
At that time, according to Officer Ackerman, the officers placed appellant under arrest for giving false information. Officer Ackerman stated during cross-examination that the probable cause for the arrest was "for obstruction and hindering a police officer." Officer Ackerman
Page 1 2 3 4 5 6 7 8 9 10 11 12 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|