A “fare sweep” on an MTA train in Baltimore led to defendant being detained. Officers ran his name and found a record. At a station, a scuffle ensued, one of the officers shouted “gun” and defendant was wrestled to the ground by three officers. A gun was found on the tracks. A search of his person produced drugs. When the group of officers entered the train, this was a seizure because none of the passengers could avoid their encounter. Implied consent does not apply. Seizing defendant required reasonable suspicion. The attenuation doctrine does not apply. Carter v. State, 2019 Md. App. LEXIS 977 (Nov. 14, 2019).
Defendant has his third successor petition claiming that a cell simulator was used on his phone, and this too is barred. Jones v. United States, 2019 U.S. Dist. LEXIS 197191 (E.D. Mo. Nov. 14, 2019).*