State v. Roberts

(for the Majority of the Court):

We are called upon to decide the constitutionality of the portion of 10 Del.C. § 99031 that permits an interlocutory appeal by the State, upon leave granted, from a pre-trial order “suppressing or excluding substantial and material evidence.”

The defendants were charged with possession of dangerous drugs, possession with intent to sell, and maintenance of a place for the illegal keeping and selling of dangerous drugs, in violation of 16 Del.C. §§ 4722, 4724, and 4710. The arrests followed the search of residences of certain of the defendants in execution of a…