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.