Supreme Court of Delaware

A judgment suppressing evidence in a prosecution for drug-related offenses is reversed and remanded where: 1) contrary to the lower court's finding, officers had a reasonable articulable suspicion under the circumstances to stop defendant; but 2) a remand was necessary because an initial pat down or frisk revealed neither a weapon nor contraband on defendant's person, and thus, it was necessary to determine whether defendant consented to a search of his pockets after the initial Terry pat down.

Appellate Information

• Decided 03/14/2007
• Published 03/16/2007

Judges

• STEELE, Chief Justice:, Before STEELE, Chief Justice, BERGER and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Loren C. Meyers, Department of Justice, Wilmington, DE, for appellant.


• For Appellees:
  
• Bernard J. O'Donnell and Raymond D. Armstrong (argued), Office of the Public Defender, Wilmington, DE, for appellee.