MD: State’s failure to argue inevitable discovery here precluded reliance on it on appeal

The state did not raise inevitable discovery, so it was a “speculative inquiry” into whether it applied and the defendant likely was prejudiced by not getting to litigate the issue. Elliott v. State, 417 Md. 413, 10 A.3d 761 (2010):

Although appellate courts have some discretion in raising different justifications for lower court decisions, we may not use such discretion without restriction. In the present case, the record does not support a sua sponte holding of inevitable discovery. We are bound by the evidence presented at the suppression hearing. Unfortunately, in this case the record is not complete and cannot support a sua sponte finding of inevitable discovery. Even assuming arguendo that the evidence would inevitably have been discovered, the defense was unfairly prejudiced by the issue being raised for the first time in the appellate court. Further, any decision by the appellate court must be based on historical facts capable of easy verification, rather than speculation, which cannot be done in this case. See Williams, 372 Md. at 418, 813 A.2d at 250.

Defendant was driving behind another vehicle with no headlights stopped by an officer, and defendant stopped, too. He got out of his vehicle and was ordered back to the car by the officer, and this was a seizure, but it was reasonable. State v. Reiss, 45 Kan. App. 2d 85, 244 P.3d 693 (2010)*:

But there are situations—based on concerns of officer safety and the safety of the public—in which a person may be detained without reasonable suspicion of wrongdoing. The United States Supreme Court has held in two similar situations that concerns for public or officer safety allow for some intrusion on the liberty of those who simply find themselves near an otherwise-authorized law-enforcement action; such an intrusion does not violate the Fourth Amendment.