Stackhouse v. State

COUCH, Judge.

The issue in this case is whether evidence seized contemporaneously with arrest in a warrantless search of an area beyond appellant’s immediate control is admissible on the ground that another person might have concealed or destroyed the evidence. In a trial before the court, the evidence was admitted and appellant was found guilty of robbery with a deadly weapon and burglary. The Court of Special Appeals found no error in admitting the evidence and affirmed in an unreported per curiam opinion. We granted certiorari to consider this important issue. We find that in introducing…