Volume 201 — Maryland Reports

SEARCHES AND SEIZURES — <italic>Search Warrant — Probable Cause For</italic><italic>Issuance of</italic>. A warrant to search a two-story dwelling, the first floor of which was used as a tavern, for lottery paraphernalia shows upon its face probable cause for its issuance where it alleges, among other things, the following facts based upon an affidavit of a Baltimore police officer. Acting upon a complaint that a named and described man was writing and collecting lottery numbers in Frederick and carrying them to Baltimore, he and another officer met the bus from Frederick on 3 different days, saw a man, answering the description and carrying a large brown paper bag, alight therefrom, take a taxicab to the named premises, enter them, after acting suspiciously by looking around as if to see if he was being watched or followed, come out without the bag, and, at the first of the times, met another man at the door who was described in the warrant and who also looked around suspiciously before they both entered and, while neither was seen on the first floor, the man who came from Frederick was seen on the second floor, looking out the window, and, at the third of the times, this man came hurriedly out of the tavern and took from another man "some yellow looking slips" of the kind and color generally used in the operation of a lottery and re-entered the tavern. The fact that the officers had seen the man who came from Frederick only once on the second floor was sufficient probable cause for searching that floor, where the lottery paraphernalia was found. His appearance there shortly after entering the dwelling was enough to show a connection between the two floors. pp. 147-150 SEARCHES AND SEIZURES — <italic>Search Warrant — Probable Cause For</italic><italic>Issuance of — What It Amounts To — Special Knowledge of</italic><italic>Officer-Applicant — When Facts To Show, Sufficient</italic>. Probable cause is more than suspicion or possibility but less than certainty or proof. It must be determined by the judge, not<page_number>Page 146</page_number> the applicant for the search warrant, but he may consider the experience and special knowledge of the police officers who are applicants. Facts relied on to show probable cause are sufficient if they are such as to justify a prudent and cautious man in believing that an offense has been committed. p. 149 SEARCHES AND SEIZURES — <italic>Search Warrant For Two-story Dwelling,</italic><italic>Found To Have Separate Outside Entrances, Only, and No Inside</italic><italic>Connection, and Separate Occupants, Held Not General Warrant —</italic><italic>Situation As Observed At Time of Application Determinative</italic>. If it does not appear that police officers, at time of application for a warrant to search a two-story dwelling for lottery paraphernalia, knew or had reason to believe that the two floors had separate outside entrances, only, and no inside connection, and occupants of the two floors were different, the search warrant is not general, and, therefore, not violative of Article 23 of the Maryland Declaration of Rights. The situation must be determined as it was observed at the time of the application. pp. 149-151 SEARCHES AND SEIZURES — <italic>Search Warrant For Two Floors of</italic><italic>Dwelling — If Probable Cause To Believe Each Floor Separately</italic><italic>Occupied But Used Together For Lottery Operation, Could Direct</italic><italic>Search of Both Floors and Premises</italic>. If there had been probable cause to believe that each of two floors of a dwelling sought to be searched for lottery paraphernalia was separately occupied, but were used together for a lottery operation, the search warrant could direct a search of both floors and premises. pp. 151-152 <italic>Decided December 5, 1952</italic>.