Kostelec v. State

RODOWSKY, Judge.

In this drug case the petitioner, Joseph Kostelec (Kostelec), moved to suppress evidence that had been seized during a search of his home under an anticipatory search warrant. As grounds for the motion, Kostelec contended, inter alia, that an anticipatory warrant violates Maryland Code (1957, 1996 Repl. Vol.), Art. 27, § 551(a). For the reasons set forth below we shall hold that § 551(a) does not authorize anticipatory search warrants. Further, inasmuch as the State never argued to the courts below the unavailability of suppression as a remedy for a search without statutory…