Supreme Court of Delaware
Byron Stafford, Below v. State of Delaware, Below
December 4, 20122012 Del. LEXIS 622
Summary
The court affirmed the denial of Stafford's motion to suppress a firearm discovered during a pat-down after he provided a false identity during a traffic stop. It held that the officer had probable cause to arrest Stafford for criminal impersonation based on the false information, unsuccessful database searches, lack of identification, and surrounding circumstances, making the search valid as incident to arrest. The court did not reach alternative arguments concerning an armed-and-dangerous frisk or detention under the identification statute, and held that Stafford waived his state constitutional claim by presenting it conclusorily.