Legal Opinion · Concurrence

Corbin v. State

Court of Appeals of Maryland

Decided August 22, 2012No. 48Published

1ConcurrenceBattaglia, J.

I write separately in concurrence because I agree that the collection of Corbin’s DNA from the straw used to complete a court-ordered breath test was not a violation of the Fourth Amendment. I disagree with the majority opinion, however, not only because I adhere to the abandonment theory adopted by the Court in Williamson v. State, 413 Md. 521, 993 A.2d 626 (2010), but also because I believe that the majority inappropriately extends an already unfounded legal analysis expounded in King v. State, 425 Md. 550, 42 A.3d 549 (2012).

I. Abandonment

In Williamson v. State, 413 Md. at 536-42, 993 A.2d…

2Cases cited11 opinions

  1. United States v. KnightsSupreme Court of the United States · 2001
  2. United States v. Charles Layton CoxCourt of Appeals for the Seventh Circuit · 1970
  3. State v. RainesCourt of Appeals of Maryland · 2004
  4. Commonwealth v. BlyMassachusetts Supreme Judicial Court · 2007
  5. Williamson v. StateCourt of Appeals of Maryland · 2010

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