Pubdate: Fri, 22 Feb 2002
Source: The Star Democrat (MD)
Copyright: 2002 The Star Democrat
Contact:  http://www.stardem.com/
Details: http://www.mapinc.org/media/1233
Author: Konrad Surowiec, Staff Writer

CIRCUIT COURT DROPS DRUG CHARGE AGAINST CHURCH HILL WOMAN

CENTREVILLE - The state dropped a drug charge against a woman who had 
served almost 22 months of a two-year prison sentence after the Maryland 
Court of Appeals ordered her case sent back to circuit court for a new trial.

The Court of Appeals had sent the case involving Marion Fransisca Dunnuck 
back to the Court of Special Appeals with instructions to reverse the 
judgment of the circuit court and to remand the case for a new trial.

In circuit court on Jan. 23, 2002, the state's attorney nol-prossed the 
charge of manufacturing a controlled dangerous substance.

Dunnuck was arrested in June 1999 when police seized marijuana plants from 
her home in the Church Hill area. She was charged with manufacturing a 
controlled dangerous substance, possession of marijuana with intent to 
distribute, and possession of marijuana. Queen Anne's County Circuit Court 
Judge John W. Sause Jr. found Dunnuck guilty of one count of manufacturing 
a controlled dangerous substance at her trial in December 1999.

On Feb. 29, 2000, Sause sentenced Dunnuck to five years in the state 
Division of Corrections, with three years suspended, and five years 
probation. The state dropped the marijuana distribution and marijuana 
possession charges.

The case was appealed to the Maryland Court of Special Appeals, which 
issued a ruling on March 23, 2001 that upheld the circuit court decision. 
The Court of Special Appeals said Dunnuck "argues that the trial court 
erred by denying her motion to suppress physical evidence seized from her 
home. We shall affirm the judgment of the trial court."

The case went to the Maryland Court of Appeals - the state's highest court 
- - which issued a ruling Dec. 21, 2001 that reversed the decision of the 
Court of Special Appeals.

The Court of Appeals said the issue that must be decided involves the 
interplay between Article 27, Section 594B of the Maryland Code "and the 
limitations that the 4th Amendment of the United States Constitution places 
on the rights of the police to effect a warrantless arrest in a defendant's 
home."

The 4th Amendment protects people against unreasonable searches and seizures.

According to charging documents, the arrest occurred on June 8, 1999 after 
police got information that several marijuana plants were being grown in 
Dunnuck's home and could be seen in plain sight near a side window. A 
police officer who investigated saw a marijuana plant in the window and two 
heat lamps above the plant. A second police officer knocked on the door and 
saw someone inside run to the back of the house and grab something near the 
marijuana plant. Police ordered the person inside to open the door. When 
there was no answer, the two police officers forced open the door because 
they felt the person inside was trying to destroy evidence.

According to charging documents, Dunnuck consented to a search of her home 
and police found 15 marijuana plants, 13 pipes and seven bags of marijuana.

According to the Court of Appeals decision, the two police officers told 
Dunnuck police would get a search warrant and secure her house to prevent 
anyone from entering, but it would be faster if she signed a consent to 
search form. She agreed to the search.

"Although the police officers acknowledged that they had probable cause and 
that the courthouse was no more than 15 minutes away, they provided no 
basis for failing to get a warrant, except that it was necessary to secure 
the premises," said the Court of Appeals decision.
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