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STATE v. COURSEY

Cr. I.D. 0602020812.

906 A.2d 845 (2006)

STATE of Delaware, v. Robert S. COURSEY, Defendant.

Superior Court of Delaware, New Castle County.

Decided: September 11, 2006.

Attorney(s) appearing for the Case

Caterina Gatto, Esquire, Deputy Attorney General, Wilmington, DE, for the State of Delaware.

Joseph A. Hurley, Esquire, Wilmington, DE, for defendant Robert S. Coursey.

OPINION

DEL PESCO, J.

Defendant's motor vehicle was stopped for suspected window tint violation based on the officer's perception that the vehicle's window tint prevented the officer from seeing all occupants in the vehicle. The standard applied is legally incorrect, thus the stop does not meet the requirements of probable cause.

Factual Background

On February 24, 2006 Delaware State Police...

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