Recent Development: Barnes v. State: A Suspect's Detention Did Not Evolve Into De Facto Arrest When the Execution of a Warrant Was Delayed for Three Hours; Police May Detain a Suspect After the Warrant Execution if They Reasonably Suspect Criminal Activity

Authors

Harrison Bliss

Abstract

The Court of Appeals of Maryland held that a three-hour delay in the execution of a warrant was reasonable and did not constitute de facto arrest. Barnes v. State, 437 Md. 375, 394, 86 A.3d 1246, 1257 (2014). The court of appeals also held that a short investigatory detention, following the execution of the warrant, did not suggest de facto arrest, and therefore did not require probable cause. Id. at 397, 86 A.3d at 1259. Finally, the court held that the evidence collected from the search of an individual’s storage unit was lawfully obtained because the officers had the requisite reasonable suspicion to detain the individual when he consented to the search.

Recommended Citation

Bliss, Harrison (2014) "Recent Development: Barnes v. State: A Suspect's Detention Did Not Evolve Into De Facto Arrest When the Execution of a Warrant Was Delayed for Three Hours; Police May Detain a Suspect After the Warrant Execution if They Reasonably Suspect Criminal Activity," University of Baltimore Law Forum: Vol. 45: No. 1, Article 5.
Available at: https://scholarworks.law.ubalt.edu/lf/vol45/iss1/5