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Frisk of carkeys is deemed lawful, and turns up handgun.

03 Dec Frisk of carkeys is deemed lawful, and turns up handgun.

Beware what you keep in your pockets, lest those items lawfully lead police to criminal evidence that could be used against you.

Reginald McCracken got frisked for weapons on the basis of a woman’s claim that he was illegally hacking/giving cabrides, his denial that he had been hacking, and his conflicting statements about how he arrived at the neighborhood.

Maryland’s highest court found that the police frisk of McCracken was lawful, with reasonable articulable suspicion under Terry v. Ohio, 392 U.S. 1 (1968). McCracken v. Maryland,  ___ Md. ___ (Nov. 28, 2012). McCracken further found that the police lawfully seized car keys found during the frisk (possible evidence of violating the hacking laws), and that the police lawfully used the key set to press the car alarm signal that then found Defendant’s car containing his handgun in plain view.

Had McCracken not been carrying carkeys, he likely would not have been prosecuted nor convicted for possessing a handgun. However, he carried car keys, and the rest is history.

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