PRINCESS ANNE — An apprehension for trespassing at the Crisfield Housing Authority that resulted in police finding a handgun and alleged controlled dangerous substances on the suspect was considered a legitimate police action but it was "a close call."

That was the ruling of Somerset County Circuit Court Judge Daniel W. Powell who acknowledged he may be wrong but arguments in the case against Devon L. Cannon left him to conclude that Cannon had prior notice to stay out of Somers Cove and that Crisfield Police Capt. Lonnie Luedtke "acted in good faith" to proceed with an arrest.

Cannon, 26, is being held without bond on several charges including felony possession of a firearm while drug trafficking. On Jan. 5, he was spotted off Charlotte Avenue inside the boundaries of the public housing authority. He was initially placed under arrest for trespassing with illegal items revealed after he was searched.

Cannon had been warned about trespassing by Capt. Luedtke on Sept. 1, 2020 and was given a copy of the ticket which included the statement that a person can be criminally charged if it occurs again.

There has been a memorandum of understanding between the CPD and Crisfield Housing Authority (CHA) as far back as 1998 to grant city police the authority to act as agents of the CHA to enforce loitering and trespassing on its property. But the defense argued former agreements had sunset and the MOU in force today was not signed by the two parties until Feb. 1, 2021 — one month after Cannon’s January arrest.

Based on prior case law submitted by the state, individuals who are arrested or convicted of a crime can be placed on a housing authority’s trespass list. "The question then becomes," Judge Powell said, do police "have the ability to stand in the shoes of the owner."

Judge Powell said he took into account testimony from the Aug. 9 motions hearing and written arguments from both State’s Attorney Wess Garner and defense attorney David Moore. He also looked at the circumstances of the arrest.

"Here, it’s clear the owner gave agency to the Crisfield Police Department in 1998," and police were acting in good faith up to the point the written MOU was updated. That initial memorandum, "then verbally continued by the parties, I believe was done in good faith by the police department," the judge said, adding that a verbal agreement gave police the continued belief that their authority had not lapsed.

Judge Powell added that "proper notice was given to Mr. Cannon" back in November 2020 of the consequences if he was caught on the property again.

The drug trafficking case is scheduled for trial on Oct. 19. Two other trespassing cases appealed from District Court which hinged on the judge’s Aug. 23 ruling are set for trial on Sept. 7. They related to a charge that Cannon was on CHA property on Dec. 12 and Dec. 20, 2020.

Defense attorney Moore was uncertain if he would be ready for trial as he will consider appealing Judge Powell’s ruling. One thing he asked to be considered is that his client testified that he was pressured to sign the citation in November 2020 or risk being arrested.

"There were excellent arguments from both parties, and it was a close call," Judge Powell said. "I may or may not be right," and its possible the Court of Special Appeals "will tell me if I am right or not."

"I know this is not what Mr. Cannon was hoping for today."

According to charging documents the .38 caliber revolver found on Cannon had been reported stolen by police in San Bernardino, Calif., but there were no live rounds or ammunition recovered. The CDS was described as suspected crack cocaine.