Scribner v. State
98 A.3d 1084
Md. Ct. Spec. App.2014Background
- Scribner was convicted in Anne Arundel County of possession with intent to distribute cocaine, possession of cocaine, and possession of a regulated firearm after a disqualifying offense, and was sentenced to eight years and five years (concurrent) for the gun; one possession conviction merged.
- Before trial, Scribner moved to suppress evidence from a car search following his arrest on an open warrant for second-degree assault; suppression hearing held May 16, 2013.
- Detective Holby, monitoring a house tied to Scribner, observed Scribner exit and re-enter the residence, then ride as a passenger in a Solara; officers later located and stopped the car in a Safeway parking lot.
- Officers arrested Scribner on the open warrant; during the incident, a small bag of crack cocaine was found on Scribner's person, creating probable cause for additional drug-related charges.
- Holby and others transported the Solara to a police station; during a later search of the Solara, a green bag containing a revolver was found, leading to the firearm charge.
- The suppression court denied the suppression motion, ruling the vehicle search was justified under Arizona v. Gant; Scribner was later tried on multiple counts and the court admitted a stipulation about a prior disqualifying offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Solara search was lawful under Gant | Scribner argues Gant doesn't apply since arrest was for assault, not drugs. | State contends post-arrest evidence (drugs) plus Gant’s scope support the search. | No error; search justified under Gant |
| Whether the motion for mistrial was properly denied | Holby’s comment about knowledge of Scribner prejudiced the jury beyond cure. | Curative instruction would mitigate prejudice; stipulation already warned jurors of past conviction. | No abuse of discretion; mistrial denied |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits warrantless vehicle searches to reaching distance or evidence of the offense)
- Belton, 453 U.S. 454 (U.S. 1981) (vehicle search incident to arrest of occupant)
- Thornton v. United States, 541 U.S. 615 (U.S. 2004) (vehicle search scope in context of arrestee)
- Lee v. State, Md. 418 Md. 136 (2011) (standard for reviewing suppression court findings)
- Briscoe v. State, 422 Md. 384 (2011) (Maryland approach to search-incident-to-arrest and Gant framework)
- Carter v. State, Md. 366 Md. 574 (2001) (curative instructions and mistrial standards)