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At a hearing on the motion, Russell agreed with defense counsel’s statement that the purpose of a fare sweep was to “see if someone has committed a crime by riding the train without paying” and agreed with counsel’s statement that “the fare checking also works as an apparatus to be able to check people for warrants as well.” 1 (1968) consequently, Carter’s subsequent admission that he did not have a ticket was the fruit of an illegal stop and the circuit court should suppress all evidence that flowed from the Terry stop. He argued that Russell conducted a stop without reasonable suspicion in violation of Terry v. He was indicted on several charges, including two firearm offenses.Ĭarter moved to suppress the evidence.

In the process of arresting Carter on the warrant, a firearm was discovered in Carter’s waistband. Tobin ran a check of Carter’s identification and discovered an outstanding warrant. Russell told Carter to get off the train and report to MTA Officer Zachary Tobin who was waiting on the station’s platform. Carter approached Russell and told her he did not have a ticket. The Court of Appeals of Maryland affirmed a decision of the Court of Special Appeals (“COSA”) that held police officers from the Maryland Transit Administration (“MTA”) violated Kennard Carter’s Fourth Amendment protections from illegal searches and seizures when the officers conducted a fare sweep.Ĭarter was on a light rail train that stopped at the Mount Royal station when MTA Corporal Latoya Russell boarded the train and announced to all passengers that they had to show their tickets. Share: Share on Twitter Share on Facebook Share on G+ Share with email