Martini v. State, 200 Md. 609

Summary

The Maryland Court of Appeals held that a search warrant could remain valid for searching an automobile even if its description of a person to be searched was inadequate. Lottery paraphernalia found in the automobile and an apparent lottery slip observed in the defendant's hand were lawfully seized and properly admitted, so the conviction was affirmed.

Holdings

1. Even assuming that the warrant inadequately described the 'white man, about 25 yrs. of age,' the warrant remained valid and enforceable as to the search of the described automobile.
2. The adding-machine tape taken from Martini's hand and the lottery paraphernalia found in the bag beneath him were lawfully seized under the warrant's authorization to search the automobile and for lottery paraphernalia.

Questions Presented

1. Whether an allegedly inadequate description of a person in a search warrant invalidated the warrant in its entirety, including the warrant's authorization to search the described automobile.
2. Whether the lottery adding-machine tape taken from Martini's hand and the lottery paraphernalia found in the bag beneath him were lawfully seized during the automobile search.

Disposition

affirmed