Supreme Court of Delaware

Cannon v. State

December 12, 2018

Summary

The Court affirmed the judgment after concluding that the initial traffic stop was lawful, the officer did not unlawfully prolong the stop or effect a second seizure by conducting routine checks, requesting a canine unit, and directing Cannon to exit the vehicle, and the challenge to the pat-down was not preserved. The unpreserved challenges failed under plain-error review because the record did not show a material defect or manifest injustice. The Court also held that the officer had a lawful basis to conduct the pat-down after observing a waistband bulge consistent with a firearm.