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Supreme Court of Delaware


Loper v. State, 204, 2010

Defendant's conviction for trafficking in phencyclidine (PCP) is affirmed where: 1) the trial judge properly held that the arresting officer did not exceed the permissible scope of a routine traffic stop by asking defendant's passenger for identification and then running a background check; 2) the delay caused by the passenger's arrest was not unreasonable; and 3) defendant cited no authority, nor made any cogent legal argument, for why the Court should expand the meaning of "seizure" to hold that a person already being lawfully detained as a result of a valid traffic stop is "seized" a second time when ordered to leave his car.

Appellate Information

  • Decided 11/19/2010
  • Published 12/08/2010

Judges

  • Jack B. Jacobs

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • John S. Malik, Timothy J. Donovan, Jr.

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