Singh v. State

── Singh v. State ── Court: Court of Appeals of Maryland Date: May 26, 2026 Author: Angela Eaves Category: General Davinder Singh v. State of Maryland, No. 36, September Term, 2025. Opinion by Eaves, J. INVESTIGATIVE DETENTION – REASONABLENESS – NO DE FACTO ARREST The Supreme Court of Maryland held that the placement of an individual in a nearby patrol car does not per se transform a lawful investigatory detention into a de facto arrest. Under the totality of the circumstances, the Supreme Court held that the investigative detention of the petitioner was reasonable where the record showed that the petitioner was placed in the police cruiser for slightly more than one hour while law enforcement carried out its initial investigation of a fatal accident that the petitioner was believed to have caused, which occurred in a well-trafficked public setting. MD. CODE ANN., CTS. & JUD. PROC. § 10-303 – APPREHENDED Under § 10-303(a)(2) of the Courts and Judicial Proceedings Article of the Maryland Annotated Code (“CJP”), a test used to determine an individual’s alcohol concentration must occur within two hours of that individual being “apprehended.” In Willis v. State, 302 Md. 363, 376 (1985), the Supreme Court of Maryland held that an apprehension under CJP § 10-303(a)(2) occurs when law enforcement (1) “has reasonable grounds to believe that the person is or has been driving a motor vehicle while intoxicated or while under the influence of alcohol” and (2) “reasonably acts upon that information by stopping or detaining the person.” Here, the Supreme Court of Maryland held that law enforcement complied with CJP § 10-303(a)(2) when it conducted a breath test on petitioner more than two hours after initially subjecting him to an investigatory detention. Although law enforcement detained the petitioner at 7:30 a.m., the Supreme Court held that law enforcement did not “apprehend” the petitioner under CJP § 10-303(a)(2) until 8:51 a.m. Because the petitioner’s breath test was conducted at 10:15 a.m., it occurred within CJP § 10-303(a)(2)’s two-hour window, and the results of that test were admissible. Circuit Court for Montgomery County Case No. C-15-CR-23-000025 Argued: January 5, 2026 IN THE SUPREME COURT OF MARYLAND No. 36 September Term, 2025 DAVINDER SINGH v. STATE OF MARYLAND Fader, C.J., Watts, Booth, Biran, Gould, Eaves, Killough, JJ. Opinion by Eaves, J. Filed: May 26, 2026 Pursuant to the Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic. 2026.05.26 12:07:03 -04'00' Gregory Hilton, Clerk  I INTRODUCTION This case presents issues regarding the reasonableness of an individual’s investigatory detention, as well as the State’s compliance with certain procedures for conducting a breath test when law enforcement has apprehended an individual for operating a vehicle under the influence of alcohol. Petitioner, Davinder Singh, fatally struck two pedestrians with his vehicle around 7:00 a.m. on November 8, 2022. Responding law