Tann v. State
2011 Del. LEXIS 295
Del.2011Background
- Officers stopped a white Mercury Marquis for a suspected seatbelt violation in New Castle, Delaware.
- Three occupants: Lamar Tann (driver), Quinton Turner (front passenger), Clyde Holmes (rear passenger).
- Tann appeared nervous and shook; a box of plastic baggies was on the back seat.
- Turner disclosed $700 in cash; background checks showed Turner had an outstanding arrest warrant, Tann had a prior weapon arrest.
- Turner was arrested; Tann was asked to exit; Tann moved as if reaching under the seat, creating a fear of a weapon.
- Holmes was asked to exit; a pocket bulge revealed cocaine; Holmes was arrested and cocaine, razor blade, and bags were found.
- First search uncovered 44 bags of cocaine under the driver’s seat; later search found a digital scale with white residue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop could be extended beyond its purpose | Tann; extend beyond purpose supported by suspicion | Tann; stop limited to initial objective | No abuse; expansion justified by suspicion |
| Whether there was reasonable suspicion of additional criminal activity | Tann involved in drug activity based on baggies, cash, and nervousness | Tann's conduct insufficient without more | Reasonable suspicion supported by multiple factors |
| Whether there was probable cause to arrest Tann | Police had probable cause from overall circumstances | Probable cause insufficient without more | Probable cause established by totality of circumstances |
| Whether the warrantless search of the car was valid | Gant controls; search invalid if no vehicle access or crime link | Gant inapposite; evidence linked to drug activity | Search justified due to potential evidence of trafficking |
Key Cases Cited
- Sierra v. State, 958 A.2d 825 (Del. 2008) (Fourth Amendment review of suppression rulings)
- Caldwell v. State, 780 A.2d 1037 (Del. 2001) (scope of stop and permissible detentions; exit after valid stop)
- Loper v. State, 8 A.3d 1169 (Del. 2010) (identification requests during traffic stop; exit rights)
- Thomas v. State, 8 A.3d 1195 (Del. 2010) (probable cause standard in Delaware criminal context)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits on warrantless vehicle searches after arrest)