STATE v. ABEL

No. 50, 2012.

68 A.3d 1228 (2012)

STATE of Delaware, Plaintiff Below, Appellant, v. David ABEL, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: December 5, 2012.

Amended on Denial of Reargument: January 22, 2013.


Attorney(s) appearing for the Case

Paul R. Wallace , Department of Justice, Wilmington, Delaware for appellant.

Joseph A. Hurley , Wilmington, Delaware for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.


STEELE, Chief Justice, for the Majority:

A State Trooper stopped a Hells Angels member for speeding. When asked where he was going, the defendant cordially declined to answer. The State Trooper informed the defendant he would pat him down, and the defendant revealed he possessed two handguns. We AFFIRM the Superior Court judge's grant of defendant's motion to suppress because under the totality of the circumstances, no particularized, reasonable, articulable...

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