Legal Opinion

Vanderpool v. State

Court of Special Appeals of Maryland

Decided April 2, 2024No. 0047/23Published

1Opinion of the Court

Martique Vanderpool v. State of Maryland, No. 0047, September Term, 2023. Opinion by Ripken, J. CRIMINAL LAW – SEXUAL CONTACT WITH LAW ENFORCEMENT OFFICERS – CUSTODY Under CR Section 3-314 a law enforcement officer is prohibited from engaging in sexual acts with a person in their custody. CR § 3-314(e)(1)(iii). The term “custody” should be interpreted consistent with the legislative history of the statute. Thus, a person who does not feel at liberty to terminate the encounter or free to leave satisfies the meaning of custody for the purpose of the statute. CRIMINAL LAW – SUFFICIENCY OF THE…

2Cases cited44 opinions

  1. Strickler v. GreeneSupreme Court of the United States · 1999
  2. California v. BehelerSupreme Court of the United States · 1983
  3. Thompson v. KeohaneSupreme Court of the United States · 1995
  4. Dorsey v. StateCourt of Appeals of Maryland · 1976
  5. Lockshin v. SemskerCourt of Appeals of Maryland · 2010

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