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

Summary

The court reversed Harris's tampering-with-evidence conviction because the police contemporaneously perceived and immediately retrieved the marijuana baggie, so Harris did not complete the statutory suppression of evidence. It affirmed the conviction for possession of a controlled substance within the statutory distance of a church because the LIDAR measurement was properly admitted and the evidence supported finding that Bibleway was a church. Justice Ridgely, joined by Justice Holland, concurred in the result on the narrower ground that the State failed to prove the charged act of destruction and disagreed with the majority's broader possessory-offense rule.