Reid v. State
51 A.3d 597
Md.2012Background
- Issue concerns use of a Taser in a back-dart mode during a police encounter with Reid and whether that use converted a Terry stop into a de facto arrest.
- Trial court denied suppression of Reid’s statement and gun; court held public safety Miranda exception applied.
- Court reviewed whether there was probable cause for arrest or only reasonable suspicion for a stop; concluded no probable cause at the time of arrest.
- Finding relied on informant tip corroboration, Reid’s flight, concealment efforts, and body movement suggesting weapon.
- Court reversed circuit court and remanded for a new trial; suppressed Reid’s statement and gun; costs borne by Baltimore City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Taser use convert a Terry stop to a de facto arrest? | Reid: stop remained Terry, no arrest. | State: taser-augmented stop was arrest. | Yes, taser converted to de facto arrest. |
| Was Miranda public safety exception applicable given arrest without probable cause? | Reid: public safety exception should not apply. | State: public safety exception saved questioning. | Not applicable; no lawful arrest. |
| Should the gun and Reid’s statement be suppressed under Fourth Amendment? | Reid: evidence fruits from unlawful arrest must be excluded. | State: admissible under exceptions (Patane) and inevitable discovery. | Suppress both; tainted by unlawful arrest. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (draws line between stop and arrest; frisk allowed with reasonable suspicion)
- In re David S., 367 Md. 523 (2002) (hard takedown cases; stops vs arrests; scope of Terry)
- Lee v. State, 311 Md. 642 (1988) (stop with guns drawn; not per se arrest; duration factors)
- Bailey v. State, 412 Md. 349 (2010) (de facto arrest when custody-like seizure occurs; inevitable discovery not raised sua sponte")
- Dunaway v. New York, 442 U.S. 200 (1979) (de facto arrest standard; not free to leave)
- United States v. Colon, 654 F.Supp.2d 326 (2009) (taser in Terry stop; district court—execution of stop)
- Patane, 542 U.S. 630 (2004) (physical fruits of un Mirandized statements; not applicable when arrest unlawful)
- Quarles (New York v. Quarles), 467 U.S. 649 (1984) (public safety Miranda exception)