The search warrant affidavit said August 3, 2015, but August was typed and the 3 written in. It’s clear from all the testimony that it was issued September 3, and the “August” wasn’t corrected. Therefore, defense counsel wasn’t ineffective for not raising this issue because the trial court would have found this a mere typographical error that can be overlooked because there was no prejudice to the defendant. State v. Daniels, 2018 Del. Super. LEXIS 347 (Aug. 9, 2018).
The only prolonging of the stop was because of computer difficulties, and the officer proceeded as expeditiously as possible. “While shortly thereafter the prosecution of the traffic stop was abandoned and a drug investigation was begun, this was justified by the discovery of drug contraband on Bratcher’s person—particularly when viewed in the light of the other observations of a possible attempted burglary, nervousness of the occupants, and possession of a large quantity of currency. These observations provided reasonable suspicion warranting the further detention and investigation of the Vehicle and its occupants.” State v. Palmer, 2018 Del. Super. LEXIS 348 (Aug. 13, 2018).*