Lewis v. State

In Lewis v. State, 285 Md. 705, 404 A.2d 1073 (1979), the defendant was interviewed by the police on and off for two days about the murder of his wife and daughter, during which the police allegedly told him that, "if he requested a lawyer he would be labeled a murderer"; and that "asking for a lawyer amounted to an admission of guilt," accusations the police denied. Id. at 720-21. The trial court never resolved the factual dispute over whose story it believed about the interrogation, and the Court of Appeals reversed Lewis's conviction on another basis. In doing so, it found "particularly troublesome" "the allegations of the police mis-statements concerning requests for an attorney." Id. at 720. In Lewis v. State, the defendant came home to find his wife and child dead, apparently the victims of murder. He cooperated with the police during the initial phase of their investigation. When he started making preparations to leave the state to attend the victims' funerals, the police told him that, in his absence, they would need to enter his house to go through his papers and other such items. He did not agree, but did not express any objection. Thereafter, however, he "willingly arranged to leave his house key with a neighbor in order to give the police access to the premises" while he was away. Lewis, 285 Md. at 719. The police used the key to enter the house. There they found a poem that he had written, incriminating himself. The police refocused their investigation, and eventually uncovered evidence that the defendant had hired a contract killer to murder his wife and child. On appeal from convictions for accessory before the fact to first degree murder, solicitation to murder, and conspiracy to murder, the defendant argued, inter alia, that the police had entered his house in violation of the Fourth Amendment. The Court of Appeals disagreed, noting that the defendant's conduct had risen to a level above mere acquiescence in the police officers' request to enter and search. Rather, he had "affirmatively made arrangements for the police to obtain a house key during his absence," thereby enabling them to enter the house and search it. Id. The Court concluded that the circumstances were "sufficient to demonstrate that the search was freely and voluntarily consented to." Id.