State v. Bowden

HERRMANN, Justice:

This is an appeal by the State, taken by leave of Court under 57 Del.L. Ch. 133, § 101 (2), 1 The question of law' presented involves the lawfulness of a seizure of evidence incident to an apprehension which the police officer labeled a detention under the Two Hour Law, 11 Del.C. § 1902 2

I

The question presented arose in a grand larceny and conspiracy case. After the jury was sworn, the Trial Court went into a hearing on the defendant’s motion to suppress certain evidence.

The police officer testified that at about 2:00 a. m., while patrolling a main highway, he noticed an…