Carter v. State

BATTAGLIA, Judge.

In the matter now before us, the petitioner, Lisa Cheere Carter, asks us to consider whether a Frederick police officer’s search of individual cigarettes in a pack contained in petitioner’s lunch bag subsequent to her arrest on an out*450standing warrant issued by a Montgomery County court was a valid search incident to arrest under the Fourth Amendment of the United States Constitution and Article 26 of the Maryland Declaration of Rights. In so doing, petitioner also challenges the legality of her arrest by arguing that the State improperly failed to produce the arrest warrant…