MD: Violation of state SCA not subject to exclusion for lack of standing in provider information

The state violated the Maryland Stored Communications Act, similar to the federal Stored Communications Act, in obtaining cell phone provider created information about his account by a state subpoena served out of state. He has no reasonable expectation of privacy in that information, so the evidence is not excluded. While the state did not explicitly raise standing in the trial court, the trial court found a lack of standing. Defendant’s argument that he did not have an opportunity to provide standing fails because he wouldn’t have standing as a matter of law, and this is harmless error if error at all. Upshur v. State, 208 Md. App. 383, 56 A.3d 620 (2012).

Defendant was stopped because he was suspected of being a hack taxi and threatening his passenger. He denied everything. In a patdown, the car keys in his pocket were subject to “plain feel” connecting him to the hack taxi. McCracken v. State, 429 Md. 507, 56 A.3d 242 (2012).*