It was clear, and not really disputed, that Deputy Wood used what he believed to be a tinting violation as a pretext to stop the car in order to allow a backup K-9 officer time to arrive and scan the car for suspected CDS. LAW: The stop at issue in the instant case is commonly referred to as a Whren stop.
The State appealed that decision to the Court of Special Appeals, but the Court of Appeals granted certiorari prior to proceedings in the intermediate appellate court, affirming the circuit court's ruling, albeit on different grounds. Following a hearing, the circuit court granted Williams' motion to suppress. Williams was placed under arrest.įour days later, Williams drove the vehicle to the State Police Automotive Safety Enforcement Division, which found that the window was legal and would pass Maryland inspection laws. Shortly thereafter, a K-9 unit arrived, alerted to the presence of narcotics, and cocaine and marijuana was recovered. Upon concluding that the tinted window constituted an infraction, Wood stopped the vehicle, which was driven by Arvel Williams.
19, 2007) (Judges Bell, Raker, Greene & WILNER (retired, specially assigned)) (Judges Harrell, Battaglia & Cathell (retired, specially assigned), dissenting).įACTS: On May 8, 2006, Harford County Deputy Sheriff Wood, advised to be on the lookout for a certain vehicle believed to be transporting drugs, observed the vehicle and followed it a short distance, when he observed what appeared to be a darkly tinted rear window. Maryland Court of Appeals Case Summary: November 5, 2007īOTTOM LINE: Circuit court properly granted defendant's suppression motion where police executed a pretextual stop of defendant's vehicle due to alleged window tinting violation, but were unable to articulate reasonable suspicion for the stop.ĬASE: State v.
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