Harris v. State

*1137STEELE, Chief Justice,

BERGER, and JACOBS, Justices for the Majority:

Dover police officers detained Mark Harris 165 feet from the Bibleway Church, and then found a plastic “baggie” containing marijuana in his mouth. Harris asserts that the trial judge erroneously denied his motions for judgment of acquittal of Tampering with Evidence, and of Possession of a Controlled Substance within 800 feet of a Church. Because the police perceived and immediately retrieved the baggie, we REVERSE his 'tampering conviction. Because LIDAR provided a reliable and trustworthy measurement of the distance to…