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HOLDEN v. STATE

No. 345, 2010.

23 A.3d 843 (2011)

Michael HOLDEN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: June 20, 2011.

Attorney(s) appearing for the Case

Eugene J. Maurer, Jr. , Wilmington, Delaware for appellant.

Maria T. Knoll and Timothy J. Donovan, Jr. (argued), Department of Justice, Wilmington, Delaware for appellee.

Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.

STEELE, Chief Justice:

On June 30, 2010 after a stipulated bench trial, the trial judge found Michael Holden guilty of Carrying a Concealed Deadly Weapon. The trial focused on the propriety of the police seizure of the weapon before Holden "carried." Because the objective evidence failed to establish a reasonable belief that Holden was armed and dangerous before the police searched him and seized the weapon, the trial judge erroneously denied Holden's motion to suppress...

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