Cottman v. State

886 A.2d 932 (2005)

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Nature of the Case

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Facts

Detective Moore was wearing 'undercover clothes' and driving an unmarked sport utility vehicle. He witnessed several individuals leaning against a car parked in front of 1614 Dartford Road. A woman, Ms. Benson, shouted: 'Hey, come here.' Moore pulled his vehicle to the curb and Benson, along with Cottman (D) approached. Benson stood next to the driver's window. D stood at the driver's mirror and leaned toward the driver's window, approximately two to three feet from Moore. Benson asked Moore whether he was a police officer, and he replied that he was not. D then inquired: 'Are you sure you're not police?' Moore repeated his denial. Benson asked Moore if he had been drinking, and Moore claimed that he had. Benson smelled his breath, and said, 'Yeah, he's all right.' D walked to the front of the police vehicle and looked up and down the street. Moore said that 'lookouts' 'commonly traveled with drug dealers in that area,' and during drug transactions, 'will keep a lookout to try to identify any police that are in the area.' According to Moore, D's actions were consistent with a drug dealer's lookout. Benson asked Moore what he wanted. Moore responded; $20 worth of cocaine and Benson retrieved a small bag of cocaine from her mouth. She exchanged the bag for a $20 Moore saw D's face for '20 seconds, maybe at the most.' Moore notified the surveillance units working with him and Benson and D were arrested. D was searched, but no drugs or money was found. D was tried and after P rested, D moved for a judgment of acquittal, which was denied. D presented no additional evidence. The circuit court concluded that D had aided and abetted the distribution of drugs and found him guilty of distribution of cocaine, conspiracy to distribute cocaine, and possession of cocaine. D appealed.