Legal Opinion · Dissent

Owens v. State

Court of Appeals of Maryland

Decided April 29, 1991No. 103, September Term, 1990Published

1DissentChasanow, J.

The majority holds that a drug dealer who leaves an unlocked bag containing over $75,000 worth of drugs at the home of a “friend” is the victim of an unlawful search when the friend authorizes the police to determine whether there are drugs on her premises. I would affirm the trial judge’s ruling that the search was valid for any or all of the following reasons: First, Ms. Gardin could give valid consent to a search of the bag. Second, even if Ms. Gardin lacked actual authority to consent to the search of the bag, the police acted reasonably when they searched based on Ms. Gardin’s apparent…

2Cases cited20 opinions

  1. United States v. MatlockSupreme Court of the United States · 1974
  2. Illinois v. RodriguezSupreme Court of the United States · 1990
  3. Minnesota v. OlsonSupreme Court of the United States · 1990
  4. Frazier v. CuppSupreme Court of the United States · 1969
  5. United States v. Christos Potamitis, Eddie Argitakos, and Steve ArgitakosCourt of Appeals for the Second Circuit · 1984

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