Moore v. State
195 Md. App. 695
Md. Ct. Spec. App.2010Background
- Appellant Ray Lamont Moore was convicted of possession with intent to distribute cocaine and heroin, and related possession charges, after a strip search at the police precinct uncovered drugs.
- A warrant authorized search of Moore and his car for drugs; officers relied on a confidential informant and a controlled buy preceding the stop.
- Moore moved to suppress the evidence from the strip search and to compel disclosure of the informant’s identity; both motions were denied.
- During suppression, Moore was stripped in a private room; a visual body cavity search followed when bags protruded from his buttocks, yielding cocaine and heroin.
- Defense argued the warrant did not authorize a strip/body cavity search; State argued the search was incident to arrest or justified by warrant.
- On appeal, the Court held: (1) the strip/body cavity search was permissible under Maryland law given the context and probable cause; (2) the informant identity was not required to be disclosed; (3) the evidence was sufficient to sustain the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the strip search within the scope of the warrant? | Moore | State | No, the search was permissible under law. |
| Was the confidential informant’s identity required to be disclosed? | Moore | State | No disclosure required. |
| Was there sufficient evidence to sustain possession with intent to distribute? | Moore | State | Yes, sufficient evidence. |
Key Cases Cited
- State v. Nieves, 383 Md. 573, 861 A.2d 62 (Md. 2004) (strip search, reasonableness, balancing test)
- Paulino v. State, 399 Md. 341, 924 A.2d 308 (Md. 2007) (strip search and visual body cavity search rules; reasonableness under Bell framework)
- Cotton v. State, 386 Md. 249, 872 A.2d 87 (Md. 2005) (detention during a search; arrest vs. investigative stop)
- Fromm v. State, 96 Md.App. 249, 624 A.2d 1296 (Md. 1993) (detention and search during warrant execution; Summers/related authority)
- Edwards v. State, 350 Md. 433, 713 A.2d 342 (Md. 1998) (Roviaro informant disclosure balancing framework)
- Bell v. Wolfish, 441 U.S. 520, 99 S. Ct. 1861 (U.S. 1979) (reasonable searches in detention settings; balancing test)
- Belote v. State, 411 Md. 104, 981 A.2d 1247 (Md. 2009) (arrest timing and custodial determination in Maryland)