Cleveland v. State

THE ADMISSION OF EVIDENCE OBTAINED BY A SEARCH AND SEIZURE INCIDENT TO AN ARREST — THE FUNCTIONS OF THE CO URT AND JUR Y.

In Price v. State, 7 Md. App. 131 we held that the admissibility of evidence obtained by a search and seizure warrant claimed to be invalid was a matter exclusively for the court. We said, at 143:

“Thus in a jury trial, when the issue is properly raised by objection or motion to suppress or exclude evidence claimed to have been so unlawfully obtained, and the issue had not been determined prior to trial or the issue is entertained by the trial court upon the grant of a…