Smolka v. State

SEITZ, Justice:

I. INTRODUCTION

In August 2013, officers from New Castle County Police Operation Safe Streets searched a home at 5 Worthy Down Avenue in Bear, Delaware. During the search, the officers found Mark Smolka inside the house and a Taurus .38 special revolver in a closet. Smolka, who is a person prohibited from possessing a firearm, admitted at the scene that he had moved the gun to a closet and placed a lock on it. Smolka was arrested and charged with, among other offenses, possession of a firearm by a person prohibited.

Before trial, Smolka filed a motion to suppress evidence he…