CIRCUIT COURT DROPS DRUG CHARGE AGAINST CHURCH HILL WOMAN

CENTREVILLE - The state dropped a drug charge against a woman who had
served almost 22 months of a two-year prison sentence after the Maryland
Court of Appeals ordered her case sent back to circuit court for a new trial.

The Court of Appeals had sent the case involving Marion Fransisca Dunnuck
back to the Court of Special Appeals with instructions to reverse the
judgment of the circuit court and to remand the case for a new trial.

In circuit court on Jan. 23, 2002, the state's attorney nol-prossed the
charge of manufacturing a controlled dangerous substance.

Dunnuck was arrested in June 1999 when police seized marijuana plants from
her home in the Church Hill area. She was charged with manufacturing a
controlled dangerous substance, possession of marijuana with intent to
distribute, and possession of marijuana. Queen Anne's County Circuit Court
Judge John W. Sause Jr. found Dunnuck guilty of one count of manufacturing
a controlled dangerous substance at her trial in December 1999.

On Feb. 29, 2000, Sause sentenced Dunnuck to five years in the state
Division of Corrections, with three years suspended, and five years
probation. The state dropped the marijuana distribution and marijuana
possession charges.

The case was appealed to the Maryland Court of Special Appeals, which
issued a ruling on March 23, 2001 that upheld the circuit court decision.
The Court of Special Appeals said Dunnuck "argues that the trial court
erred by denying her motion to suppress physical evidence seized from her
home. We shall affirm the judgment of the trial court."

The case went to the Maryland Court of Appeals - the state's highest court
- - which issued a ruling Dec. 21, 2001 that reversed the decision of the
Court of Special Appeals.

The Court of Appeals said the issue that must be decided involves the
interplay between Article 27, Section 594B of the Maryland Code "and the
limitations that the 4th Amendment of the United States Constitution places
on the rights of the police to effect a warrantless arrest in a defendant's
home."

The 4th Amendment protects people against unreasonable searches and seizures.

According to charging documents, the arrest occurred on June 8, 1999 after
police got information that several marijuana plants were being grown in
Dunnuck's home and could be seen in plain sight near a side window. A
police officer who investigated saw a marijuana plant in the window and two
heat lamps above the plant. A second police officer knocked on the door and
saw someone inside run to the back of the house and grab something near the
marijuana plant. Police ordered the person inside to open the door. When
there was no answer, the two police officers forced open the door because
they felt the person inside was trying to destroy evidence.

According to charging documents, Dunnuck consented to a search of her home
and police found 15 marijuana plants, 13 pipes and seven bags of marijuana.

According to the Court of Appeals decision, the two police officers told
Dunnuck police would get a search warrant and secure her house to prevent
anyone from entering, but it would be faster if she signed a consent to
search form. She agreed to the search.

"Although the police officers acknowledged that they had probable cause and
that the courthouse was no more than 15 minutes away, they provided no
basis for failing to get a warrant, except that it was necessary to secure
the premises," said the Court of Appeals decision.