Supreme Court of Delaware

Brown v. State

July 22, 2019

Summary

The Supreme Court affirmed the forfeiture of the Honda and the cash but reversed the forfeiture of the Cadillac and Oldsmobile because the State did not establish probable cause that those vehicles were purchased with drug proceeds. The court also held that Brown's challenge to the Cadillac and Oldsmobile warrants was not barred by collateral estoppel, while his newly raised challenges to other warrants and the cash-testing procedures were waived absent plain error. The matter was remanded for entry of an order returning the Cadillac and Oldsmobile and otherwise consistent with the opinion.