Pollard v. State

Summary

The Supreme Court of Delaware affirmed Pollard’s convictions, holding that he failed to preserve his constitutional challenge to the search and did not establish plain error warranting review. The Court nevertheless reached the merits and held that the odor of marijuana, marijuana remnants, and a marijuana nugget established probable cause for a warrantless vehicle search under the automobile exception. The Court concluded that the search and subsequent arrest violated neither the Fourth Amendment nor the Delaware Constitution.