Legal Opinion

State v. Abel

Supreme Court of Delaware

Decided December 5, 2012No. 50, 2012PublishedCited by 16 opinions

1Opinion of the Court

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 suspicion that the defendant was presently armed and dangerous existed.

I. FACTUAL AND PROCEDURAL HISTORY

Delaware State Trooper John Andrew…

2Cases cited15 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Ybarra v. IllinoisSupreme Court of the United States · 1980
  4. Arizona v. JohnsonSupreme Court of the United States · 2009
  5. State v. EhlyOregon Supreme Court · 1993

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. ChandlerSuperior Court of Delaware · 2015
  2. Harris v. StateSupreme Court of Delaware · 2015
  3. Altizer v. StateSuperior Court of Delaware · 2017
  4. Garnett v. StateSupreme Court of Delaware · 2023
  5. Register v. StateSupreme Court of Delaware · 2024

11 more not listed; retrieve them via the Exa API.

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