Opinion

State v. Roshchin

  • 446 Md. 128
  • 130 A.3d 453
  • 2016 Md. LEXIS 7
Court
Court of Appeals of Maryland
Filed
Jan 26, 2016
Status
Published
Author
Adkins
On the bench
Barbera, Battaglia, Greene, Adkins, McDonald, Watts, Harrell
Cited by
44 cases

explaining that “because it is clear” that the plaintiff’s Article 24 claim was “based on an alleged arrest without proper justification,” the court applied “the same standard in assessing this claim as is applicable to an alleged violation of the Fourth Amendment to the United States Constitution” (citing Dett, 391 Md. at 92 )

How later courts described this case

  • explaining that “because it is clear” that the plaintiff’s Article 24 claim was “based on an alleged arrest without proper justification,” the court applied “the same standard in assessing this claim as is applicable to an alleged violation of the Fourth Amendment to the United States Constitution” (citing Dett, 391 Md. at 92 )
  • holding that “even when the language is unambiguous, it is useful to review the legislative history of the 37 statute to confirm that interpretation and to eliminate another version of legislative intent alleged to be latent in the language.”
  • noting that “it is a common maxim of statutory construction that related statutes governing the same subject are to be construed together and harmonized”
  • explaining that even in instances “when the language is unambiguous, it is useful to review legislative history of the statute to confirm that interpretation”

Written by the judges who cited it.

The opinion

*154 ADKINS, J.,

dissenting.

Respectfully, I dissent. I would hold that the arrest was not valid for the reasons set forth in the opinion authored by Judge Kehoe for the Court of Special Appeals.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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