BACKUS v. STATE

No. 99,2003.

845 A.2d 515 (2004)

Maurice BACKUS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: March 31, 2004.


Attorney(s) appearing for the Case

Charles M. Oberly, III, Esquire, of Oberly, Jennings & Rhodunda, Wilmington, for Appellant.

Timothy J. Donovan, Jr., Esquire, of the Department of Justice, Wilmington, for Appellee.

Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS, Justices, constituting the Court en banc.


BERGER, Justice.

In this appeal, we consider whether an attempted pat-down search, which resulted in the discovery of 134 grams of cocaine, violated appellant's constitutional right to be free from unreasonable searches and seizures. Appellant argues that the police officer who stopped him had nothing but stale information that appellant might possess a gun and that he had been involved in criminal drug activity. Since there...

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