Bordley v. State
205 Md. App. 692
Md. Ct. Spec. App.2012Background
- Prosecution for nine drug offenses arising from CDS and paraphernalia found in Room 118 of Sleep Inn, Grasonville, after a warrantless hotel room entry.
- Hotel staff locked out Room 118 when appellant advised he was no longer occupying it, prompting police entry with hotel consent for security reasons.
- Suppression motion denied; bench trial convicting appellant of possession, possession with intent to distribute, and conspiracy.
- Evidence showed CDS and paraphernalia in plain view in Room 118, plus a checkbook in the room and appellant’s involvement via rental and access to the room.
- Appellant challenged suppression ruling and sufficiency of the evidence; appellate court affirmed the denial of suppression and the convictions.
- Trial court found appellant guilty as an aider/abettor or accessory, with constructive possession supported by proximity, access, and intent to distribute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression court erred in denying the warrantless entry | Bordley | State | No error; lock-out for security extinguished privacy interest. |
| Whether the evidence proves possession and conspiracy beyond reasonable doubt | Bordley | State | Sufficient evidence of constructive possession and conspiracy. |
Key Cases Cited
- Laney v. State, 379 Md. 522 (Md. 2004) ( Fourth Amendment expectations in hotels; hotel liability and privacy)
- Williams v. State, 372 Md. 386 (Md. 2002) ( hotel room privacy; standard for warrantless entry/consent)
- Gross v. State, 235 Md. 429 (Md. 1964) ( hotel searches and privacy expectations)
- United States v. Allen, 106 F.3d 695 (6th Cir. 1997) ( hotel manager's lock-out valid when tenancy terminated)
- Tariq A-R-Y, 347 Md. 484 (Md. 1997) ( permissive hotel searches as exception to warrant requirement)
- Kohler v. State, 203 Md.App. 110 (Md. 2012) ( aiding/abetting constructively in CDS possession/conspiracy)
- Smith v. State, 415 Md. 174 (Md. 2010) ( framework for possession with intent to distribute and knowledge)
- Neal v. State, 191 Md.App. 297 (Md. 2010) ( constructive possession through dominion over premises)
- Cottman v. State, 165 Md.App. 679 (Md. 2005) ( aiding/abetting in CDS distribution as basis for possession)