Sizer v. State

Concurring and Dissenting Opinion by

Adkins, J.,

which Hotten, J., joins.

At a suppression hearing, the State has the burden to “articulat[e] a sufficient factual basis for the stop, and appellate courts cannot fill in blanks in the evidentiary record.” In re Jeremy P., 197 Md.App. 1, 22, 11 A.3d 830 (2011). Most respectfully, I write separately because the State did not meet its burden of showing that the totality of the circumstances created reasonable suspicion justifying the officers’ decision to chase Mr. Sizer and use a hard take-down. We should not resolve this case by repairing the…