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Criminal Procedure Keyed to Miller
Robert Bailey v. State
Citation:987 A.2d 72 (Md. 2010)
An officer saw Bailey (defendant) standing alone by a home at 11:35 P.M. The officer asked Bailey if he lived there but did not receive a reply. The officer, accompanied by another officer, approached Bailey. They could smell ether, which is associated with phyncyclidine (PCP), but is also a solvent used in household products. Upon smelling ether, the officer grabbed Bailey’s hands and conducted a search, finding a glass vial half-filled with liquid. Tests of the liquid confirmed the vial contained PCP, and Bailey was charged with possession of a controlled dangerous substance.
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