{"id":5275,"date":"2011-07-10T08:15:22","date_gmt":"2011-03-12T11:43:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-12T11:43:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5275","title":{"rendered":"DE: Defendant who dropped drugs when he encountered an officer who stepped in front of him was not yet “seized”"},"content":{"rendered":"

Officers had a report a specifically described man was on a particular city block with a quantity of drugs. Officers waited, and, as defendant approached, one with POLICE on a vest stepped from behind a parked van, and defendant immediately dropped the drugs he had in hand when he saw the officer. Defendant was not yet seized when he dropped the drugs. Curtis v. State<\/a>, 15 A.3d 216 (Del. 2011):<\/p>\n

In this case, Silvers testified that once Curtis looked in Silvers’ direction, Curtis dropped the drugs \u201cwithin a fraction of a second.\u201d Silvers did not even have the chance to ask to speak to Curtis before Curtis dropped the drugs. In that respect, this case is more straightforward than Ross<\/a>. If Silvers, in his police vest with his hand on his Taser, had continued to walk towards Curtis and had restricted Curtis’s movement or had ordered Curtis to stop, a reasonable person in Curtis’s position arguably would have believed he was not free to ignore the police presence. Those, however, are not the facts of this case. In this case, the mere presence of Silvers for a fraction of a second\u2014or even a few seconds\u2014would not cause a reasonable person in Curtis’s position to believe he could not ignore the police presence. This conclusion is consistent with our holding in Woody.\n<\/p><\/blockquote>\n

Probation officers had justification for a probation search from defendant\u2019s not reporting a police \u201ccontact.\u201d His admission he had marijuana also justified the search. Jacklin v. State<\/a>, 16 A.3d 938 (Del. 2011). <\/p>\n","protected":false},"excerpt":{"rendered":"

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