Supreme Court of Delaware

Backus v. State

January 23, 2019

Summary

The Supreme Court of Delaware affirmed the denial of Backus's motion to suppress. It held that the officer lawfully ordered Backus out of a vehicle during a valid traffic stop, and that the cocaine visible in a bag protruding from Backus's jacket was lawfully seized under the plain-view doctrine. The court declined to reach the alternative pat-down justification or whether the Delaware Constitution provides greater protection.