Supreme Court of Delaware
BACKUS v. STATE OF DELAWARE, 99,2003
Based on the belief that appellant was about to engage in criminal activity (preparing cocaine for distribution), the police officer had the right to stop him. Since appellant was seen with a gun two months earlier, and drug dealers frequently carry guns, the pat-down weapons search was justified.
Appellate Information
- Decided 03/31/2004
- Published 03/31/2004
Judges
- BERGER, Justice., Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS, Justices, constituting the Court en banc.
Court
- Supreme Court of Delaware
Counsel
- For Appellant:
- Charles M. Oberly, III, Esquire, of Oberly, Jennings & Rhodunda, Wilmington, for Appellant.
- For Appellees:
- Timothy J. Donovan, Jr., Esquire, of the Department of Justice, Wilmington, for Appellee.