Carter v. State

• Decision Date: 11 April 1975
• Docket Number: No. 51,51
• Parties: William Eugene CARTER v. STATE of Maryland.
• Court: Maryland Court of Appeals

Page 411

274 Md. 411

337 A.2d 415

William Eugene CARTER v. STATE of Maryland.

No. 51.

Court of Appeals of Maryland.

April 11, 1975.

Francis X. Gaegler, Jr., Lanham, for appellant.

George A. Eichhorn, III, Asst. Atty. Gen. (Francis B. Burch, Atty. Gen., and Clarence W. Sharp, Asst. Atty. Gen., Baltimore, on the brief), for appellee.

Argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

O'DONNELL, Judge.

Following a nonjury trial in the Circuit Court for Prince George's County before Judge James F. Couch, Jr., the petitioner, William Eugene Carter, was convicted of possession of heroin with intent to distribute in violation of Maryland Code (1957, 1971 Repl. Vol.) Art. 27, § 286(a)(1). ¹ Critical evidence, admitted at his trial, was 104.04 grams of heroin (34.6% pure) and 37.98 grams of starch (a cutting agent used in the distribution of heroin as a dilutent). These substances were seized on June 9, 1972, pursuant to a search and seizure warrant issued on June 8, 1972, by Judge Robert Mathias for the residence of the petitioner at apartment 926, 1836 Metzerott Road, Hyattsville, Maryland, a high rise apartment building of at least ten stories. Judge Mathias issued the warrant upon the application and affidavit of Detective Elmer L. Snow of the Prince George's County Police Department. Detective Snow, after specifying his police service, his specialized training in narcotics and his experience in investigating complaints of violations of the narcotic laws, attested to the following facts as bases for the issuance of the warrant:

'That during the course of your affiant's official duties on March 3, 1972 your affiant was contacted by a reliable confidential source of information. That the said confidential source of information is personally known to your affiant as reliable in that the said source has furnished information to your affiant over a period of approximately two years which has been found to be completely true, and whose information has been the direct cause which led to the arrest and convictions of approximately ten persons who were convicted of violating the Controlled Dangerous Substance Laws of the State of Maryland. That the said confidential source of information related to your affiant that a Negro/Male known only to the source as Chunkhead was involved in obtaining large quantities of Heroin from one William Eugene CARTER, a Negro male who resides inside apartment 926 at 1836 Metzerott Road, Hyattsville, Maryland. That the source of information further related that the said William Eugene CARTER would only sell direct in transactions of Heroin to the said Chunkhead for fear of a police agent becoming involved. That the said source further related that the said William Eugene CARTER is known throughout drug dealers in Washington, D.C. as a major supplier of Heroin, and was known to keep large quantities of Heroin inside his apartment at 1836 Metzerott Road, Apartment 926, Hyattsville, Prince George's County, Maryland. That the said source further related to your affiant that as recently at March 2, 1972 the source had personally gone with the said Chunkhead from his home at 1222 Queen St. N.E., Washington, D.C. to 1836 Metzerott Road, Hyattsville, Maryland where the said Chunkhead departed the vehicle and stated that he was going inside the premises to obtain Heroin from 'Carter'. That after a short period of time, Chunkhead returned to the vehicle with an aluminum foil packet which the source personally used, and knew from his own drug use experience to be Heroin. That due to the evasive manner in which the said William Eugene CARTER allegedly conducts the illicit transactions of Heroin, your affiant has verified the information received from the reliable confidential source of information in the following manner:

On March 3, 1972 at 1900 hours your affiant, along with Lieutenant Hollis D. Jordan, Sergeant Joseph E. Thornberry, and Detective John A. Lew of the Prince George's County Police Department Vice Control Section began a surveilance (sic) on the premises at 1222 Queen Street, N.E., Washington, D.C. That at approximately 1930 hours these Detective's, (sic) and your affiant personally observed a 1970 yellow Chevrolet, bearing Maryland Registration EA 72:56 arrive at the premise. That inside the said vehicle, your affiant personally observed, and recognized the two occupants of the vehicle. They are: Don Pedro DANIEL, and Harold James GADDY. Both of these persons are known to your affiant as violators of the Controlled Dangerous Substance Laws of the State of Maryland. That your affiant has personally arrested both of these persons for violations of the Controlled Dangerous Substance Laws of the State of Maryland. That an unknown Negro Male later identified as 'Chunkhead' was then observed leaving 1222 Queen Street, N.E., Washington, D.C. and entering the said 1970 Chevrolet operated by the said Don Pedro Daniel. That the three persons were then followed as they proceeded to 1836 Metzerott Road, Hyattsville, Prince George's County, Maryland where the vehicle parked in front of the said 1836 Metzerott Road, Hyattsville, Prince George's County, Maryland. That the Negro male known as Chunkhead then left the said vehicle at which time he was followed by Sergeant Joseph E. Thornberry, and Detective John A. Lew as he rode an apartment elevator to the ninth floor, where he knocked, and was admitted to apartment 926 at 1836 Metzerott Road, Hyattsville, Prince George's County, Maryland. That after approximately four minutes 'Chunkhead' departed the said premises, and returned to the vehicle operated by the said Don Pedro Daniel. That the vehicle was then followed as the three occupants returned to 1222 Queen St. N.E., Washington, D.C. where the subject known as Chunkhead left the vehicle, and went into 1222 Queen St. N.E., Washington, D.C. That surveilance (sic) at that time was stopped for fear of being observed.

That at 2345 hours on March 3, 1972 your affiant made a records check with the Criminal Records Division of the Metropolitan Police Department of Washington, D.C. That a photograph of William Eugene CARTER, D.C. Identification #105-082 was obtained. That investigation at that time did reveal that the said William Eugene CARTER has been arrested for the following offenses: 2/18/42-Automobile larceny in Pikesville, Maryland, 11/9/46-Murder in Washington, D.C., 2/10/47-Manslaughter, 2/15/51-Operating a Lottery, 8/9/68-Possession of Stolen Government Property, 10/14/68-Uttering United States Treasury Checks, 9/11/69-Uttering United States Treasury Checks, 8/26/71-Operating a Lottery.

That on March 6, 1972 your affiant contacted a Mrs. Dunn who was the resident manager of the Presidential Towers Apartments at 1836 Metzerott Road, Hyattsville, Maryland. At that time, Mrs. Dunn identified D.C.I.D. Photograph of William Eugene CARTER as the same person residing in apartment 926 at 1836 Metzerott Rd., Hyattsville, Maryland. At that time it was found by your affiant that the said William Eugene CARTER was not carried on the lease of the said apartment, but was the person who usually paid the rent for the said apartment.

That on April 11, 1972 your affiant was contacted by Special Agents of the United States Department of Justice, Bureau of Narcotics, and Dangerous Drugs. That Special Agent SANTOS of that Agency related to your affiant that the said William Eugene CARTER is known by that agency to be an associate of one Norman SMITH and Alphonso JACKSON, two major narcotic violators in the Washington, D.C. Metropolitan area.

That at 1230 hours on April 11, 1972, your affiant was telephonically contacted by the aforementioned confidential source of information who related that the said William Eugene CARTER has started delievering (sic) Heroin to 1222 Queen St. N.E Washington, D.C., from his apartment at 1836 Metzerott Road, apartment 926, Hyattsville, Maryland because of fear of the said Chunkhead being followed to his residence where the drugs are maintained. That subsequent to the information as received from the confidential source, a surveilance (sic) was started at 1836 Metzerott Road, Hyattsville, Prince George's County, Maryland. That at 1400 hours on that date, a negro male, recognized by your affiant from M.P.D.C. Photo #105-082 departed the said premises in a 1965 Ford Station Wagon bearing D.C. registration plates 806-949. That a check with the Motor Vehicles Section of Washington, D.C. did reveal the said vehicle bearing District of Columbia Registration plates 806-949 to be listed to one William Eugene CARTER. That the said William Eugene CARTER proceeded to 1222 Queen St. N.E., Washington, D.C. where the said William Eugene CARTER went into the said premises, and the(n) departed.

That subsequent to the visit by the said William Eugene CARTER, and more specifically on April 11, 1972, Special Agent Albert C. LOGAN of the United States Department of Justice, Bureau of Narcotics and Dangerous Drugs did make a Heroin buy for $80.00 from a Negro male known to Agent LOGAN as 'Chunkhead' while inside the premises at 1222 Queen St. N.E., Washington, D.C.

That on April 19, 1972 your affiant conducted a surveilance (sic) on the premises at 1836 Metzerott Road, Hyattsville, Prince George's County, Maryland. That at 2340 hours the said William Eugene CARTER departed the said premises in a black Lincoln bearing District of Columbia Registration plates 859-631. That a check by your affiant with the Department of Motor Vehicles of Washington, D.C. did reveal this vehicle to be listed to the said William Eugene CARTER. That the said William Eugene CARTER was followed by your affiant to 1222 Queen St. N.E., Washington, D.C. at which time he parked the said vehicle and entered the front door of 1222 Queen St. N.E., Washington, D.C. at which time the said William Eugene CARTER remained for approximately five minutes, and departed. That the surveilance (sic) was...