Dunfee v. State

McNEILLY, Justice:

Defendant appeals from his conviction in Superior Court for possession with intent to deliver a non-narcotic schedule I controlled substance (marijuana) in violation of 16 Del.C. § 4752. He contends that evidence was unlawfully seized from his home pursuant to a nighttime search warrant which was improperly issued and executed.

I

Defendant argues that the warrant was improperly issued because the application for the warrant did not specifically show that it was “necessary to prevent the escape or removal of the person or thing to be searched for”; that, therefore, the…