Supreme Court of Delaware

Marcellous Jones, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

September 2, 20112011 Del. LEXIS 482

Summary

The court held that police unlawfully seized Jones when they required him and other private-party security volunteers to leave the building and provide information, because the circumstances would have caused a reasonable person not to feel free to ignore the police presence. Jones’s discarded cocaine, the drugs found during his arrest, and the evidence obtained from his home were inadmissible because the initial seizure was unsupported by reasonable suspicion and the abandonment resulted directly from that seizure. The court reversed all Superior Court judgments.