Supreme Court of Delaware

Grant of defendant's motion to suppress drug evidence is affirmed where: 1) defendant's Fourth Amendment rights were violated when the police detained him without a reasonable articulable suspicion that he committed, was committing, or was about to commit, a crime; and 2) the government failed to properly raise arguments that the defendant was not detained and that the police do not need to have any suspicion of criminal activity when they simply approach a person and ask some questions.

Appellate Information

• Decided 05/06/2008
• Published 05/06/2008

Judges

• BERGER, Justice:, Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Paul R. Wallace, Esquire, Department of Justice, Wilmington, DE, for Appellant.


• For Appellees:
  
• Robert M. Goff, Jr., Esquire, Office of the Public Defender, Wilmington, DE, for Appellee.