Drury v. State

*342BATTAGLIA J.,

dissenting.

I respectfully dissent.

At approximately 5:40 a.m. on July 14, 1996, Corporal Whaley of the Centreville Police Department responded to a call reporting a breaking and entering and theft at the Hillside Market in Centreville, Maryland. During the course of his investigation, Corporal Whaley found a tire iron, which had been used to break into the store. The investigation also revealed that the suspects had stolen $1,370.00 worth of instant scratch off lottery tickets, $299.00 worth of adult magazines, $800.00 worth of cartons of cigarettes, and $104.92 worth of alcoholic…