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Motor Vehicle Administration v. Richards10/14/1999
BR>
Because of the only marginal-if any-deterrent effect of excluding evidence from administrative license suspension proceedings, and in light of the nature and purpose of this State's administrative per se statute in general and of the license suspension hearings under § 16-205.1(f) in particular, we hold that the exclusionary rule of the Fourth Amendment should not be extended to proceedings conducted pursuant thereto.
Although we have concluded that the exclusionary rule of the Fourth Amendment is not applicable in license suspension proceedings under § 16-205.1, we are nevertheless concerned, as in Sheetz and Chase, that our decision today not be abused. We need not, however, dictate an exception to our general rule that the exclusionary rule does not apply in administrative license suspension proceedings, as we found necessary in those two cases with respect to the administrative proceedings involved therein. The current statutory and regulatory framework for § 16-205.1 adequately addresses our similar concerns in the present matter. As noted in the State's brief, the MVA accounted for this Court's concerns in Sheetz and Chase by promulgating COMAR 11.11.02.10H(1) with respect to § 16-205.1(f) hearings. That regulation provides that when a police officer, in obtaining or seizing disputed evidence, acted in bad faith and not as a reasonable officer should act in similar circumstances, the evidence is inadmissible.
In Conclusion, because the exclusionary rule of the Fourth Amendment does not apply in civil administrative license proceedings under § 16-205.1(f), and because the ALJ found the initial stop to have been made in good faith, the circuit court erred in ruling that Respondent's license was not properly suspended for failing to take a chemical breath test when legitimately requested to do so.
JUDGMENT OF THE CIRCUIT COURT FOR CARROLL COUNTY REVERSED. CASE REMANDED TO THAT COURT WITH INSTRUCTIONS TO AFFIRM THE RULING OF THE ADMINISTRATIVE LAW JUDGE PRESIDING OVER RESPONDENT'S LICENSE SUSPENSION HEARING. COSTS TO BE PAID BY RESPONDENT.
Judge Rodowsky concurs in the result only.
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