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TATMAN v. STATE

320 A.2d 750 (1974)

Allen TATMAN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

May 1, 1974.

Attorney(s) appearing for the Case

Arlen B. Mekler, Asst. Public Defender, and James L. Jersild, Asst. Public Defender, Wilmington, of Counsel, for defendant below, appellant.

Norman A. Barron, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

Before HERRMANN, Chief Justice, and CAREY and DUFFY, Associate Justices.

HERRMANN, Chief Justice:

The defendant appeals his conviction for possession of hypodermic needles and syringes [16 Del.C. § 4716(c) and (d)]. He asserts that the police violated the "knock-and-announce" rule, Dyton v. State, Del. Supr., 250 A.2d 383 (1969), thus rendering illegal their search and seizure of the drug paraphernalia involved.

At 6:00 a. m., acting under a warrant...

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