 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Seip v. State11/4/2003
We are asked to decide whether the suppression court erred in holding that a police officer in fresh pursuit of a motorist who violated the speed limit within the officer's jurisdiction may stop that motorist outside the officer's jurisdiction. We affirm the suppression court's holding because we find no error in its findings that the doctrine of fresh pursuit is not abrogated by Md.Code (1957, 2001 Repl.Vol.), section 2-102(b)(3) of the Criminal Procedure Article ("CP").
FACTS AND LEGAL PROCEEDINGS
At approximately 1:30 AM on February 27, 2001, Earl Warren Seip, III, appellant, was observed exceeding the 55 mile per hour posted speed limit on Route 90 by PFC Ray Austin, Ocean City Police Department. Seip was within the Ocean City corporate limits when Austin first detected he was speeding. Austin initiated a traffic stop by activating his emergency equipment as Seip drove westbound over the Big Assawoman Bay Bridge. He followed Seip across the bridge, waiting, due to safety concerns, to reach the far side before pulling him over. Austin's stop of Seip, consequently, occurred outside the Ocean City limits in Worcester County. Seip was arrested for driving while impaired, in violation of Md.Code (1977, 2002 **189 Repl.Vol.), section 21-902(b) of the Transportation Article.
*85 Seip moved to suppress the evidence against him, alleging the stop violated Md.Code (1957, 1996 Repl.Vol.), Article 27, section 594B(l ) (2) (ii)(now Md.Code (2001) CP section 2-102(b)(3)), because it was made outside Austin's jurisdiction. In a cogent six-page opinion, the court rejected Seip's argument and denied his motion to suppress.
Seip entered a not guilty plea on agreed statement of facts. The court found Seip guilty of driving under the influence of alcohol. He was sentenced to one year in the Worcester County Detention Center, with all but 30 days suspended, and 36 months of supervised probation. A fine of $500.00 was imposed, and he was assessed court costs of $166.00. Seip timely filed an appeal to this Court.
DISCUSSION
I.
Standard Of Review
The Court of Appeals recently explained the standard of review used by appellate courts in reviewing motions to suppress evidence in Dashiell v. State, 374 Md. 85, 821 A.2d 372 (2003).
"Our review of a Circuit Court's denial of a motion to suppress evidence under the Fourth Amendment is limited, ordinarily, to information contained in the record of the suppression hearing and not the record of the trial. When there is a denial of a motion to suppress, we are further limited to considering facts in the light most favorable to the State as the prevailing party on the motion. In considering the evidence presented at the suppression hearing, we extend great deference to the fact-finding of the suppression hearing judge with respect to the weighing and determining [of] first-level facts. When conflicting evidence is presented, we accept the facts as found by the hearing judge unless it is shown that his findings are clearly erroneous. Even so, as to the ultimate conclusion of whether an action taken was proper, we must make our own independent constitutional *86 appraisal by reviewing the law and applying it to the facts of the case."
Id. at 93-94, 821 A.2d 372 (quoting State v. Collins, 367 Md. 700, 706-07, 790 A.2d 660 (2002)) (citations omitted).
II.
Fresh Pursuit
The common law doctrine of fresh pursuit allows an officer to pursue and arrest a person outside of the officer's jurisdiction, without a warrant, for misdemeanors committed in the officer's presence within a reasonable time after commission of the crime. See Gattus v. State, 204 Md. 589, 600-01, 105 A.2d 661 (1954); Torres v. State, 147 Md.App. 83, 98, 807 A.2d 780 (2002). The doctrine has been codified in CP section 2-301. CP §
Page 1 2 3 4 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|