Gilmore v. State
42 A.3d 123
Md. Ct. Spec. App.2012Background
- Gilmore was charged in Prince George's County Circuit Court with possession and with intent to distribute cocaine and marijuana; suppression motion sought to exclude cocaine/marijuana seized from his person pre-arrest; suppression denied; case proceeded to bench trial on agreed facts; appellant found guilty of cocaine possession and possession with intent to distribute cocaine; marijuana counts were nolle prosequied; appellant sentenced to eight years with four suspended and five years' probation; central issue is whether the denial of the suppression motion was proper due to detention based on a mistaken belief of a parking violation; court reverses suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether detention for a parking violation was reasonable under Fourth Amendment. | Gilmore contends no parking offense supported detention. | State contends double parking justified stop or, at least, permissible investigatory detainment. | detention invalid; suppression required. |
| Whether officer’s mistaken belief about the law governing parking can justify a traffic stop. | Gilmore argues mistake of law cannot justify detention. | State argues stop valid under Whren as a traffic-related stop. | mistake of law cannot justify detention; suppression required. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (stops based on probable cause to believe a traffic violation occurred; pretext for investigation allowed but not if no violation.)
- Herring v. State, 198 Md.App. 60, 16 A.3d 246 (Md. 2011) (discusses Whren and parking violation context; limits on pretextual stops.)
- Chanthasouxat v. United States, 342 F.3d 1271 (11th Cir. 2003) (mistake of law cannot provide probable cause for a stop; objective basis required.)
- McDonald v. United States, 453 F.3d 958 (7th Cir. 2006) (mistake of law cannot support a stop; no good faith exception to exclusionary rule for such stops.)
- Rowe v. State, 363 Md. 424, 769 A.2d 879 (Md. 2001) (tests for whether a person has been seized; focus on police conduct.)
- Longcore v. State, 226 Wis. 2d 1, 594 N.W.2d 412 (Wis. 1999) (proper analysis of whether a stop is predicated on a valid offense; mistake of law invalidates stop.)
- United States v. Davis, 692 F. Supp. 2d 594 (E.D. Va. 2010) (majority view that a stop predicated on a mistake of law is invalid.)