296 A.3d 882
Del.2023Background
- Officers stopped a vehicle at ~8:00 p.m. for an undercarriage part dragging; driver Dellinel Jimenez and passenger Raquan Womack were present.
- Officers detected marijuana odor on Jimenez, discovered he had outstanding capiases, arrested Jimenez, and began searching the vehicle.
- Womack was twice asked to step out and was detained during the stop; he had a white Michael Kors backpack on the front floorboard.
- Officer Webb found ~2.5 grams of marijuana near the driver; Officer Canaan then attempted to handcuff Womack. Womack pulled away and fled on foot.
- During a ~2-minute chase Womack discarded the backpack; officers recovered it and found a loaded .38 revolver plus paystub and cards bearing Womack’s name; Womack was arrested after being apprehended.
- Womack moved to suppress the gun and related evidence, arguing the detention ripened into an unlawful arrest when officers attempted to handcuff him; the Superior Court denied the motion and the Delaware Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument (Womack) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether an officer’s attempt to handcuff a detained passenger converted the detention into a custodial arrest requiring probable cause | Attempting to handcuff Womack transformed the detention into an arrest; there was no probable cause to arrest him at that point | Handcuffing was a reasonable precaution to secure the scene during a lawful investigative detention; arrest occurred only after Womack fled | Attempt to handcuff did not automatically convert detention into arrest; totality of circumstances justified restraint attempt |
| Whether evidence from the discarded backpack must be suppressed as fruit of an unlawful arrest | Firearm and contents should be suppressed because they stem from an unlawful arrest (if arrest occurred at handcuff attempt) | Womack’s flight created probable cause (resisting/detaining conduct); arrest after flight was valid, and the abandoned backpack was lawfully recovered/searched | Womack’s flight provided probable cause; arrest was valid after capture; contents of discarded bag admissible |
Key Cases Cited
- Juliano v. State, 260 A.3d 619 (Del. 2021) (held evidence obtained incident to an arrest premised solely on marijuana odor raises suppression concerns)
- Flowers v. State, 195 A.3d 18 (Del. 2018) (use of handcuffs during investigatory stop does not per se convert stop into arrest; totality of circumstances controls)
- Downs v. State, 570 A.2d 1142 (Del. 1990) (passenger fled with bag during stop; bag seized after arrest upheld—factually analogous)
- Brendlin v. California, 551 U.S. 249 (2007) (passengers are seized during a lawful traffic stop)
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness of force/use-of-force judged under totality of circumstances)
- California v. Hodari D., 499 U.S. 621 (1991) (property discarded while fleeing is abandonment not entitled to Fourth Amendment protection)
- Caldwell v. State, 780 A.2d 1037 (Del. 2001) (a traffic stop is a seizure limited by its initial purpose; further intrusion requires independent justification)