Loper v. State
2010 Del. LEXIS 580
| Del. | 2010Background
- Loper was stopped for speeding in Wilmington; he produced license and registration but insurance had expired.
- Kennedy, a passenger, initially claimed to be 17 as identity; later admitted real name Faheem Kennedy with an outstanding curfew warrant.
- A DELJIS check revealed an active capias for Kennedy; officer decided to arrest Kennedy and investigate Loper further.
- Loper exited the car; Kennedy was questioned, Kennedy provided inconsistent information and an outstanding warrant was found.
- A search incident to arrest disclosed twenty-two vials of marijuana and a bottle of PCP in Loper's pocket; a second PCP bottle was found in the car.
- Superior Court denied suppression; Loper was tried and convicted on PCP trafficking, possession with intent to deliver, use of vehicle for keeping controlled substances, and paraphernalia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to detain beyond the stop? | Loper | Loper | Yes; sufficient suspicion supported search. |
| Were Miranda warnings required before questioning Loper? | Loper | Loper | No; not in custody during stop. |
| Was the Terry pat-down/search proper? | Loper | Loper | Yes; voluntary statements and circumstances supported search. |
| Did any second seizure occur and affect admissibility? | Loper | Loper | No; order to exit did not constitute a second seizure or was reasonable. |
Key Cases Cited
- Brendlin v. California, 551 U.S. 249 (2007) (passenger subjected to scrutiny during routine stop)
- Jones v. State, 745 A.2d 856 (Del. 1999) (Delaware Article I, § 6 seizure standard)
- Mimms, 434 U.S. 106 (1977) (driver may be ordered to exit after valid stop)
- Caldwell v. State, 780 A.2d 1037 (Del.2001) (second seizure analysis; scope of stop)
- Berkemer v. McCarty, 468 U.S. 420 (1984) (traffic stops not custodial for Miranda purposes)
- Bustamonte v. Bustamonte, 412 U.S. 218 (1973) (consent to search must be voluntary)
- McAllister v. State, 807 A.2d 1119 (Del.2002) (consolidates custody/interrogation standards for Miranda)
- Heath v. State, 929 A.2d 390 (Del.Sup.Ct.2006) (consent unaffected by prior illegality where stop valid)