Legal Opinion

Holden v. State

Supreme Court of Delaware

Decided June 20, 2011No. 345, 2010PublishedCited by 40 opinions

1Opinion of the Court

STEELE, Chief Justice:

On June 30, 2010 after a stipulated bench trial, the trial judge found Michael Holden guilty of Carrying a Concealed Deadly Weapon. The trial focused on the propriety of the police seizure of the weapon before Holden “carried.” Because the objective evidence failed to establish a reasonable belief that Holden was armed and dangerous before the police searched him and seized the weapon, the trial judge erroneously denied Holden’s motion to suppress the illegally obtained evidence. We therefore reverse.

FACTS AND PROCEDURAL HISTORY

On January 24, 2010, Officer Fleming and…

2Cases cited20 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. United States v. CortezSupreme Court of the United States · 1981
  4. Ybarra v. IllinoisSupreme Court of the United States · 1980
  5. Maryland v. WilsonSupreme Court of the United States · 1997

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3Cited by40 opinions

  1. Stafford v. StateSupreme Court of Delaware · 2012
  2. Flowers v. StateSupreme Court of Delaware · 2018
  3. State v. ChandlerSuperior Court of Delaware · 2015
  4. State v. AbelSupreme Court of Delaware · 2012
  5. State of Delaware v. Parks.Superior Court of Delaware · 2014

35 more not listed; retrieve them via the Exa API.

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