State of Delaware, Plaintiff Below, Appellant v. Andre Murray, Defendant Below, Appellee.

Summary

The Delaware Supreme Court reversed the suppression order because the officer's encounter with Murray was an investigatory detention, not an arrest, before the firearm was discovered. The officer's use of a drawn weapon and order that Murray lie down were reasonable safety measures during the detention, and the totality of circumstances supported reasonable, articulable suspicion that Murray was carrying a concealed deadly weapon. The firearm was therefore lawfully seized and the case was remanded for further proceedings.