Legal Opinion · Dissent

McDonald v. State

Supreme Court of Delaware

Decided May 2, 2008No. 660, 2006Published

1Dissent

NOBLE, Vice Chancellor,

Dissenting:

Defendant-appellant Kevin McDonald was convicted of drug offenses based on evidence seized following a warrantless stop of the automobile in which he was a passenger. Drugs were found in the vehicle; he was arrested; a subsequent search revealed more drugs secreted on his person. A few hours later, the arresting state trooper executed an Affidavit of Probable Cause for his arrest. McDonald contends that the state trooper lacked probable cause for the warrantless stop. Apart from his challenge to the vehicle stop, McDonald raises no challenge to his conviction.

2Cases cited24 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. Ornelas v. United StatesSupreme Court of the United States · 1996
  3. Brown v. TexasSupreme Court of the United States · 1979
  4. Maryland v. PringleSupreme Court of the United States · 2003
  5. Kelly v. City of San JoseDistrict Court, N.D. California · 1987

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