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Curtin v. Maryland11/8/1984
The appellant was convicted in a trial by jury in the Circuit Court for Montgomery County (James S. McAuliffe, Jr., J., presiding) of assaulting Officer Barry L. Abramowitz of the Gaithersburg City Police Department and Officer David Godbold of the Montgomery County Police Department, of resisting arrest and of violating Maryland Code (1957, 1981 Repl.Vol.), Art. 2B, § 207(a)(2), which provides:
(a) A person may not: . . .
(2) Be intoxicated or drink any alcoholic beverage in a public place and cause a public disturbance.
For each assault and for resisting arrest the appellant was sentenced to five years. The imprisonment was suspended and he was placed upon a five year supervised probation. He was fined $100.00 for the violation of § 207(a)(2).
There was evidence from which the jury could have found that the following took place shortly after midnight on July 10, 1982. At that time Officer Maryann Troutner of the Gaithersburg City Police Department, who was alone in her patrol vehicle, had apprehended a drunk driving suspect on the parking lot of the Orchard Pond Apartments, a short distance from the public highway. As Officer Troutner was engaged in placing the arrested suspect in her police cruiser she was approached by the appellant who loudly asked her, "What the fuck you think you're doing." The appellant had an open bottle of Heineken beer in his hand and Officer Troutner asked him what he was drinking. The appellant replied "beer." The appellant's demeanor was abrasive, his eyes were "watering," he was unsteady on his feet and Officer Troutner concluded that he had been drinking. Because she believed he was violating Maryland Code (1957, 1981 Repl.Vol.), Art. 2B § 211, which prohibits the drinking of alcoholic beverages on public property, she asked him for identification. The appellant advised her that his identification papers were in his van which was parked nearby and he proceeded to get them. On the way he finished drinking the beer. Officer Troutner waited with the arrested drunken
driver for five to ten minutes while the appellant was in his motor vehicle. During that time, she became apprehensive that she was going to have trouble and called on her radio for backup assistance.
When the appellant returned with his identification papers, Officer Troutner asked him to stand behind the cruiser to which he replied, "I'll stand anywhere I fuckin' please." The appellant then continued to protest the Officer's actions in the presence of a group of about ten bystanders that had congregated. Officer Troutner decided at this point to issue the appellant a citation for public drinking. Md.Code (1975, 1982 Repl.Vol., 1984 Supp.) Art. 27, § 594B(j); Md. District Rule 711. While she wrote the ticket, the appellant continued to protest her actions loudly, prompting a woman in one of the nearby apartments to yell from a window to keep down the noise in the parking lot. By the time Officer Troutner had completed writing the citation, Officers Godbold and Abramowitz, as well as three other police officers, had arrived on the scene in response to the backup call issued earlier by Officer Troutner. When Officer Godbold attempted to quiet the appellant, the appellant suggested that Officer Godbold take off his badge and they could settle the dispute then and there.
Officer Troutner then explained to the appellant that he was being issued a citation for public drinking; that he could go on his way and that a court date would be set if he signed it, but that if he refused he would be arrested. The appellant read the citation, then slammed the
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