State v. Marine

CHRISTIE, Justice:

This is an appeal by the State, pursuant to 10 Del.C. § 9902(b),1 from a decision of the Superior Court suppressing wiretap evidence which was to have been used against Sharon Marine. The issue on appeal is whether suppression of the contents of a wiretap is required where notice that the wiretap had taken place was not provided to the defendant within 90 days after the termination date in the wiretap order, as required by the Delaware wiretapping and electronic surveillance statute, 11 Del.C. § 1336.

On December 3, 1981, the Attorney General, acting through a deputy, applied…