Legal Opinion
Carter v. State
Supreme Court of Delaware
Decided December 26, 2002No. 321, 2002PublishedCited by 4 opinions
1Opinion of the Court
PER CURIAM: 1
In this appeal from the Superior Court, the issue is whether the police had probable cause to arrest the defendant for loitering under 11 Del. C. § 1321(1). In finding that the officers lacked the requisite probable cause, we reverse the judgments of the Superior Court. We hold that the Superior Court erred in denying defendant’s motion to suppress the evidence seized during the illegal arrest. Additionally, the tainted evidence is not admissible as a search incident to the resisting arrest charge as previously held by this Court in Jones v. State. 1
Facts
On July 27, 2001, two…
2Cases cited7 opinions
- Florida v. RoyerSupreme Court of the United States · 1983
- United States v. CalandraSupreme Court of the United States · 1974
- Jones v. StateSupreme Court of Delaware · 1999
- Woody v. StateSupreme Court of Delaware · 2001
- Williamson v. StateSupreme Court of Delaware · 1998
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3Cited by4 opinions
- LeGrande v. StateSupreme Court of Delaware · 2008
- Miller v. StateSupreme Court of Delaware · 2007
- Altizer v. StateSuperior Court of Delaware · 2017
- State v. NicholsSuperior Court of Delaware · 2018