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

Baltimore police obtained a warrant to search McWebb's third-floor apartment under the mistaken belief that the third floor contained only that one apartment. They based their belief on 1. a reliable informant; 2. external examination of the building; and 3. a check with the utility company. Upon execution of the warrant, police randomly saw McWebb outside the front door of the building. Using his key, they gained entry to the front hall, climbed to the third floor, and again used the key to gain entrance to the third-floor vestibule. There, the officers encountered two opened doors and Garrison (D). They began searching D's apartment, believing that it was McWebb's. They found cash, heroin, and other drug paraphernalia. Upon learning of their mistake, the police stopped searching D's apartment. Based on the evidence discovered during their search, they arrested D and charged him with violating Maryland's (P) Controlled substances act. The trial court denied D's motion to suppress the evidence. The Maryland Court of Special Appeals affirmed. The Court of Appeals of Maryland reversed and remanded. P appealed.

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