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STATE v. HENDERSON

No. 114, 2005.

892 A.2d 1061 (2006)

STATE of Delaware, Plaintiff Below, Appellant. v. Steven L. HENDERSON, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: January 18, 2006.

Attorney(s) appearing for the Case

Elizabeth R. McFarlan, Department of Justice, Wilmington, DE, for appellant.

Joseph A. Hurley, Wilmington, DE, for appellee.

Before, STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc.

STEELE, Chief Justice, for the majority:

In January 2004, the police decided to execute an arrest warrant for Michael Jones at a local Boys and Girls Club recreation center. When they executed the warrant, the police detained and performed a Terry pat-down of Steven Henderson. The Henderson's pat-down resulted in the discovery of a gun. A Superior Court judge, unable to find any legal justification for the pat-down...

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