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Criminal Procedure Keyed to Miller
Jamal Sizer v. State
Citation:174 A.3d 326 (Md. 2017)
Several police officers were biking on a footpath at night when they observed a group of people play-fighting and passing around a brown paper bag containing what they presumed to be alcohol. When they saw the bottle being thrown and heard it hit the ground, they approached the group to investigate the situation. At this point, Sizer (defendant) attempted to flee. One officer chased Sizer and took him to the ground. Sizer informed the officer that he was carrying a handgun. A search of Sizer incident to arrest resulted in the recovery of a handgun and oxycodone.
Sizer filed a motion to suppress the evidence, arguing that the stop was unlawful. The officers testified that it was a “high-crime area”; there was an ongoing series of robberies at the time of the incident as well as a report of an individual brandishing a handgun. However, the officers did not believe the group was connected to those crimes but testified that they were concerned with the group’s disorderliness and possible open container violations.
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