Greenstreet v. State

• Decision Date: 11 May 2006
• Docket Number: No. 55 September Term, 2005.,55 September Term, 2005.
• Citation: 898 A.2d 961,392 Md. 652
• Parties: Robert E. GREENSTREET v. STATE of Maryland.
• Court: Court of Special Appeals of Maryland

898 A.2d 961

392 Md. 652

Robert E. GREENSTREET v. STATE of Maryland.

No. 55 September Term, 2005.

Court of Appeals of Maryland.

May 11, 2006.

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Laura M. Robinson (Lessans, Praley & McCormick, on brief), Glen Burnie, for respondent.

Devy Patterson Russell, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of MD, on brief), Baltimore, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

HARRELL, Judge.

We granted the petition for writ of certiorari filed by Petitioner, Robert Earl Greenstreet, to consider:

1. Whether the Court of Special Appeals [in State v. Greenstreet, 162 Md.App. 418, 875 A.2d 177 (2005),] erred in holding that a reviewing court could infer that the issuing judge could have concluded that the date on a warrant affidavit was a typographical error, creating probable cause where none otherwise existed?

2. Whether the Court of Special Appeals erred in suggesting that, consistent with the "four corners" doctrine, the State may present testimony to controvert facts contained in a warrant affidavit to prove that a trash seizure was conducted at a different time than that reflected in the warrant application?

Greenstreet v. State, 388 Md. 404, 879 A.2d 1086 (2005).

I.

On 15 April 2004, Officer Gregory P. Huck of the Anne Arundel County Police Department applied for a search warrant to search the premises, persons, or things of Petitioner at a Pasadena, Maryland, address. On the same date, a judge of the District Court of Maryland, sitting in Anne Arundel County, issued the warrant as requested. Pursuant to the warrant, police officers, seized a quantity of suspected marijuana from the residence. Greenstreet was charged with possession with the intent to distribute and related offenses.

Petitioner moved to suppress the evidence seized. A hearing was held on 4 October 2004 in the Circuit Court for Anne Arundel County. The warrant and application for the warrant were placed into evidence. No live testimony or additional documentary evidence was offered. Regarding the existence of probable cause for issuance of the warrant, the affidavit stated:

Within the past month, your Affiant, Officer Greg Huck # 1067, received information from several citizens complaints regarding possible CDS activity occurring at the residence of 8472 Meadow Lane, Pasadena, Anne Arundel County, Maryland. The complaints advised that there is a large amount of vehicle and foot traffic visiting the residence and that the vehicles sometimes stay for short periods and the[n] leave the area. I am aware that this type of activity is often indicative of CDS sales activity. The complaints also advised that the house often hosts disorderly parties, which disturb the neighborhood.

On 04-14-03 Cpl. Thomas Newman # 728 and I conducted a trash seizure of 8472 Meadow Lane, Anne Arundel County, Maryland 21122. I was aware that trash collection days for the residence are Wednesday and Saturday. We successfully seized 6 bags of trash from the residence. The bags were located on the ground and in a trashcan placed at the edge of the roadway in front of the residence. The trash was placed in such a manner that would indicate that it was left for the trash removal company. All the other residences in the area had their trash placed out in a similar manner that would indicate that it was abandoned property. We placed the trash in the back of a department vehicle and transported the refuse back to Eastern District Station. Upon opening the trash bags I recovered the following items from inside the trash bags.

1. Seven (gallon size) Ziploc freezer bags containing greenish-brown plant residue.

2. Five (sandwich size) plastic bags containing greenish-brown plant substance.

3. Large Rival heat seal bag containing greenish-brown plant residue.

4. Loose greenish-brown plant substance (approx. 1.55g)

5. Cellophane wrapper containing white powder residue.

6. Millennium cable bill for Robert Greenstreet 8472 Meadow Lane, Pasadena, Md. 21122

7. Finance statement for Robert E. Greenstreet 8472 Meadow Lane, Pasadena, Md. 21122

8. Household Bank statement for Robert E. Greenstreet 8472 Meadow Lane, Pasadena, Md. 21122

9. Envelope with "Happy Birthday Jay" written on it.

10. Piece of paper with notations "T H Seeds", "S.A.G.E. (160 for 10)", "THE HOG (235 for 10)"

Through my training, knowledge, and experience I recognized the greenish-brown plant residue and greenish-brown plant substance in Items 1-4 to be marihuana. I conducted field tests on Items 1 and 4. Both Items tested positive for marihuana. I recognized the large gallon size Ziploc bags (Item 1) and large Rival heat seal bag (Item3) to be indicative of packaging large amounts of marihuana consistent for distribution/sales. Through my training, knowledge and experience I recognized the white powder residue contained in Item 5 to be cocaine. Item 5 field-tested positive for cocaine. I recognized the term "T H Seeds", on Item 10, to be an Internet site where marihuana seeds are sold. The terms "S.A.G.E." and "HOG" refer to variations of marihuana.

I have conducted surveillance to the residence and have observed the following cars parked consistently at the residence:

1988 Mitsubishi 2 door (MD tag 393BKM)

1999 Ford 4 door (MD tag GPS274)

A check through MVA revealed the owner of the 1998 Mitsubishi is listed as Sharlie Greenstreet, d.o.b. 3/29/33. A check through police department computers revealed that the vehicle was stopped within the past 6 months and at that time the driver was identified as Robert Greenstreet. A check through MVA revealed the owner of 1999 Ford is listed as Mary Watkins, d.o.b. 6/6/32. A check through police department computers revealed that the vehicle was stopped within the past year and at that time the driver of the vehicle was identified as Robert Jay Watkins. Additional checks through police department computers revealed that Robert Jay Watkins has a prior CDS arrest. He was arrested by the Baltimore City Police Department on 9/1/96 for Possession of CDS. Watkins also has prior arrests for Obstructing and Hindering, Battery, and 3 prior Disorderly Conducts. A check through police department computers revealed that Robert Greenstreet has prior arrests for Robbery, 1st Degree Assault, False Statement to a State Official.

Through investigation it was learned that there are two pit bull dogs at the residence of 8472 Meadow Lane. There is a "Beware of Dogs" sign posted in the front window of the residence to warn others of the dangerous dogs.

Due to the fact that Robert Jay Watkins has prior arrests for crimes of violence (Battery) and for Obstructing and Hindering and that Robert Earl Greenstreet has prior arrests for Robbery and 1st Degree Assault and that there are dangerous dogs on the property, your Affiant requests that based on this information, and all other information contained in this affidavit, that executing officers need not knock and announce their presence before entering.

Based on the merits of this affidavit, your affiant believes that violations of the Maryland Controlled Dangerous Substance Act are occurring with 8472 Meadow Lane, Pasadena, Anne Arundel County, Maryland. Your Affiant prays a search and seizure warrant be issued for the same. (Emphasis added).

Petitioner argued at the hearing on the motion to suppress, and the State conceded, that the warrant was stale on its face because the affidavit indicated that the trash seizure was executed (14 April 2003) more than one year before the warrant's issuance (on 15 April 2004).

THE COURT: Well any time [the State] wants to concede something I certainly would accept it.

[PROSECUTOR]: Your Honor, I agree.

[DEFENSE COUNSEL]: It's conceding with an asterisk.

[PROSECUTOR]: That on it's face the date of April 14, 2003, one trash rip a year and a day before the warrant is signed, it's stale. I am not going to, I would not argue that a trash rip a year ago makes their marijuana in the house.

So on that particular point I concede that the warrant is stale.

* * * And I am not even particularly going to argue that it's freshened enough by the first paragraph. I couldn't do it.

Greenstreet, therefore, argued before the Circuit Court that the District Court judge lacked a substantial basis to issue the warrant because probable cause, based on the affidavit, was stale. Petitioner contended that the hearing court neither could assume that the date of 14 April 2003 was a typographical error, nor go beyond the four corners of the affidavit to allow the affiant to supplement the affidavit by testifying to a typographical error if a mistake had occurred. Greenstreet continued that the good faith exception does not apply here because (1) the warrant was stale on its face, (2) the issuing judge "abandoned" her judicial role nonetheless by issuing a warrant, and (3) Officer Huck, as a well-trained, experienced officer, should have known that the warrant application that he was about to execute was unsupported by probable cause.

In response, the State asserted that the date listed for the trash seizure was a typographical error. Additionally, it proffered that Officer Huck, if allowed to testify, would state that he intended to type or write "04/14/04" instead in the affidavit. The State noted that, although the date for the trash seizure given in a related police report also was listed as "04/14/03," as in the affidavit, it attributed the companion error in the report to the "cut and paste" function of the departmental computer.

The State also contended that, in the alternative, even if the warrant application did not demonstrate probable cause, the evidence seized under the warrant would be admissible under the good faith exception to the exclusionary rule because Officer Huck exercised his professional judgment when he applied for the warrant "on the 15th knowing that he ha[d] found...