Hicks v. State

MOORE, Justice.

James E. Hicks (“Hicks”) appeals his convictions in the Superior Court of Trafficking in Cocaine and Possession of Drug Paraphernalia. We face an important question as to how far the police may legitimately execute a search under 11 Del.C. § 1903 and the United States Supreme Court’s decision in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). We believe that both Section 1903 and Terry provide the police with an absolute right to search a person for weapons if that person has been legitimately detained and the officer has a reasonable belief that the'detainee…