This section contains the nature of the case and procedural background.

D was charged with committing an act which, if committed by an adult, would have constituted the crime of possession of heroin with intent to distribute. In the Circuit Court found that D was delinquent. On May 25, 1989, D was directed to empty his pockets by the security guard at the Booker T. Washington Middle School, under the watchful eye of the Assistant Principal, the search produced a brown bag containing twenty zip-lock pink plastic bags which, in turn, contained heroin. Upon appeal, D raises the following contentions: That the State did not offer legally sufficient evidence to rebut his presumptive incapacity because of infancy; and that the security guard's direction that he empty his pockets violated his Fourth Amendment right against unreasonable search and seizure. At the time of the offense, D was 13 years, 10 months, and 2 weeks of age. D timely raised the infancy defense.

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