121 A.3d 167
Md. Ct. Spec. App.2015Background
- In the early morning, Officer Mothersell observed an SUV speeding and failing to stop at a stop sign; he stopped the vehicle and contacted the sole occupant, Efrain Taylor.
- Mothersell detected odor of alcohol on Taylor, observed slurred speech and glassy/bloodshot eyes, and Taylor failed standardized field sobriety tests; Mothersell arrested Taylor for DUI.
- While Mothersell read Taylor his DR-15 rights, backup Officer Carroll searched the vehicle’s center console and found a bag with 76 small baggies later identified as 34.3 grams of powder cocaine; officers also seized cash from Taylor at the station.
- Taylor moved to suppress the narcotics as the product of an unlawful warrantless vehicle search incident to his DUI arrest; the motions court denied suppression and the jury later convicted Taylor of multiple counts including possession with intent to distribute.
- The circuit court sentenced Taylor with a second-offender enhancement carrying a 10-year mandatory minimum; on appeal, the Court of Special Appeals affirmed the denial of suppression but held the enhanced sentence was improper and remanded for resentencing.
Issues
| Issue | Taylor's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the warrantless search of the vehicle was lawful as a search incident to Taylor's DUI arrest | Search violated Gant because officer lacked reason to believe evidence of DUI would be in the vehicle (no visible containers, no odor from the car) | Officer had reasonable basis (training/experience; odor on Taylor, glassy eyes, failed FSTs; temporal nexus makes it reasonable to believe alcohol containers might be in the car) | Search was reasonable under the Gant second exception: totality of circumstances gave officers a reasonable belief evidence of DUI (e.g., alcohol containers) might be in the vehicle; suppression denied. |
| Whether the mandatory 10-year second-offender enhancement was legally supported | Enhancement improper because State failed to prove a qualifying predicate conviction required by CL § 5-608(b) | Sought remand to retry sentencing or correct record | Enhancement unsupported; sentence illegal as imposed—case remanded for resentencing without the unenforceable enhancement. |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (search-incident-to-arrest exception limited; can search vehicle when reasonable to believe vehicle contains evidence of the offense of arrest)
- New York v. Belton, 453 U.S. 454 (search-incident-to-arrest principles applied to automobiles)
- Thornton v. United States, 541 U.S. 615 (discussion of searches incident to recent occupant arrests)
- United States v. Ross, 456 U.S. 798 (automobile-exception scope for vehicle searches based on probable cause)
- Schmerber v. California, 384 U.S. 757 (exigency of alcohol dissipation relevant to DUI investigations)
- Missouri v. McNeely, 569 U.S. 141 (alcohol dissipation and exigent circumstances analysis)
- Ferris v. State, 355 Md. 356 (officer must articulate factual basis; bloodshot eyes and nervousness without more insufficient for reasonable suspicion to search vehicle)
- Quince v. State, 319 Md. 430 (reasonable suspicion for investigatory stops analyzed under totality of circumstances)
- Owens v. State, 93 Md. App. 162 (presence of partially consumed alcohol in vehicle can be circumstantial evidence of DUI)
- United States v. Vinton, 594 F.3d 14 (discussion that Gant’s "reasonable to believe" standard is less than probable cause and akin to reasonable suspicion)