Supreme Court of Delaware

Mark T. Harris, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

April 6, 20102010 Del. LEXIS 152

Summary

The court reversed Harris's tampering conviction because the police contemporaneously perceived and immediately retrieved the marijuana from his mouth, so Harris did not complete the statutory suppression of evidence. It affirmed his conviction for possessing a controlled substance within 300 feet of a church, holding that the LIDAR measurement was properly admitted and that the church's name, appearance, and officer testimony sufficiently established the statutory location requirement. Justice Ridgely, joined by Justice Holland, concurred in the result but would have reversed the tampering conviction only because the State failed to prove the charged act of destruction.