Supreme Court of Delaware

McDougal v. State

November 16, 2015

Summary

The Supreme Court of Delaware affirmed McDougal’s convictions and upheld the denial of his motion to suppress a handgun found in his vehicle. The court held that the officer was lawfully positioned outside the vehicle, the handgun’s evidentiary value was immediately apparent, and the warrantless seizure therefore satisfied the plain-view exception. The court did not address consent because the parties had not raised it as an appellate issue.