151 Md. App. 235 - Miller v. State’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But even if the officers did not have authority under § 2-102 of the Maryland Criminal Procedure Article to arrest appellant,, the court had no legal basis upon which to suppress the evidence obtained from that arrest. Maryland does not have an independent exclusionary rule, Howell v. State, 60 Md.App. 463, 466 , 483 A.2d 780 (1984), nor does § 2-102 create one. That section does not require the suppression of any evidence obtained in violation of it. And we cannot supply what the legislature has omitted, without, in the words of Justice Felix Frankfurter, “adding a colonial wing to a gothic cathedral.” Interstate Commerce Comm’n v. J-T Transp. Co., 368 U.S. 81, 115 , 82 S.Ct. 204 , 7 L.Ed.2d 147 (1961)(dissenting opinion). Indeed, 2-102 was intended not to control or limit police activity, but to enhance and expand it. Its purpose, as stated in the legislative summary of its senate progenitor, was to “foster greater efficiency and cooperation among law enforcement officers in fighting crime on a multi-jurisdictional level.” Limited Extrajurisdictional Authority for Police Officers, 1993 Leg. (Md.1993) (summary of S.B. 344). We therefore conclude that § 2-102 does not require, by either its terms or its history, the suppression of evidence as a sanction for the failure to comply with its provision.”

   1 later decision quote this exact passage
   e.g. 153 Md. App. 544 - Brown v. State

2. “But even if the officers did not have authority under § 2-102 of the Maryland Criminal Procedure Article to arrest appellant, the court had no legal basis upon which to suppress the evidence obtained from that arrest. Maryland does not have an independent exclusionary rule nor does § 2-102 create one.”

   1 later decision quote this exact passage
   e.g. In re Darryl P.