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State v. Jacobs10/6/2004
; State v. Bien-Aime, Del.Supr., Cr.A. No. IK92-08- 326, Tolliver, J. (March 17, 1993)(Memo.Op.) (citations omitted). The State has not met this burden in the trial record. Applying the totality of circumstances test set forth in the case law above, the Court finds that Officer Slover did not have a reasonable articulable suspicion that the defendant had committed or was about to commit a crime. Hence, the seizure of defendant on the date, time and place charged in the Information was unlawful.
OPINION AND ORDER
The Court therefore GRANTS Defendant's Motion to Suppress.
IT IS SO ORDERED this 6th day of October, 2004.
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