Everhart v. State

The exclusionary rule of evidence, a child of controversy since its birth in 1901, has always played to at-best mixed reviews. The present appeal by Michael Ashton Everhart from his conviction by a Frederick County jury, presided over by Judge Samuel Barrick, of 1) maintaining a common nuisance and 2) possession of marihuana prompts a first-impression consideration of the applicability of that exclusionary rule to the ex parte, in camera proceeding wherein a magistrate determines that probable cause exists for the issuance of a search and seizure warrant.

We will set the stage procedurally. On…