Murray v. State
45 A.3d 670
| Del. | 2012Background
- Police stopped Owens' car for speeding on I-95; Murray was a backseat passenger on Level II probation with a capias for Graham.
- Collins pat-searched Murray and asked about a bag on Murray's side; there was no initial evidence of drugs.
- Collins obtained Owens' consent to search the bag after Murray claimed the bag contained drugs when Murray spoke up.
- Drugs were found in the bag; Murray moved to suppress the evidence as the stop extended unlawfully without reasonable suspicion.
- The Superior Court denied suppression; the issue turned on whether the stop was validly extended and whether consent/probation rules permitted the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continued detention after a traffic stop requires reasonable suspicion. | Murray | Murray | Yes; continued detention without reasonable suspicion violated the Fourth Amendment |
| Whether Owens' consent to search was voluntary given unlawful detention of Murray. | State | Murray | Consent valid; search lawful despite Murray's questioning |
| Whether probation officers may conduct searches without reasonable suspicion under Procedure 7.19. | State | Murray | No; probationer searches require reasonable suspicion; 7.19 does not authorize suspicionless searches |
| Whether the evidence suppression was proper given the sequence of events and additional authorities (Johnson, Muehler, Robinette). | State | Murray | To suppress; the stop was unlawfully extended and consent/attenuation analyses do not cure the taint |
Key Cases Cited
- Florida v. Royer, 460 U.S. 491 (U.S. Supreme Court 1983) (limits on detention duration and inquiries during seizures)
- Caldwell v. State, 780 A.2d 1037 (Del. 2001) (stop duration tied to initial justification; extension requires independent facts)
- Muehler v. Mena, 544 U.S. 93 (U.S. Supreme Court 2005) (allowance of consent to search during detention even without suspicion)
- Arizona v. Johnson, 555 U.S. 323 (U.S. Supreme Court 2009) (unrelated inquiries do not convert stop into unlawful seizure if they do not measurably extend the stop)
- State v. Robinette, 73 Ohio St.3d 650, 653 N.E.2d 695 (Ohio Supreme Court 1995) (voluntariness of consent hinges on all circumstances; free-to-leave status matters)
- State v. Robinette, 80 Ohio St.3d 234, 685 N.E.2d 762 (Ohio Supreme Court 1997) (remanded for factual assessment of consent and seizure, clarifying voluntariness)