Legal Opinion

State v. Henderson

Superior Court of Delaware

Decided January 11, 2005No. Crim. A. Nos. IN-04-04-1104, IN-04-04-1105. ID No. 0403013451PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HERLIHY, Judge.

Defendant Steven Henderson has moved to suppress the taking of a gun recovered from him during a seizure and pat-down frisk. The police stopped Henderson, a Michael Jones, and a third individual while they were leaving a Boys and Girls Club and headed toward a vehicle. The police were there to execute a DEA drug warrant on Jones. All three were seized and patted down prior to getting into their vehicle. After being seized, Henderson was patted down and a gun was discovered.

Henderson was not originally to be arrested. Prior to the discovery of the gun, he was not…

2Cases cited38 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. United States v. LeonSupreme Court of the United States · 1984
  4. Payton v. New YorkSupreme Court of the United States · 1980
  5. Boyd v. United StatesSupreme Court of the United States · 1886

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3Cited by8 opinions

  1. Lopez-Vazquez v. StateSupreme Court of Delaware · 2008
  2. State v. AdamsSuperior Court of Delaware · 2008
  3. United States v. Matias-MaestresDistrict Court, D. Puerto Rico · 2010
  4. Register v. StateSupreme Court of Delaware · 2024
  5. State v. FullmanSuperior Court of Delaware · 2024

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

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