Supreme Court of Delaware· 12/16/1999

Jones v. State

Citations

745 A.2d 856
1999 Del. LEXIS 445
1999 WL 1259008

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that police order to suspect to stop and take his hands out of his pockets was a seizure under the state constitution
concluding that a Terry stop which may have been lawful under the Fourth Amendment was not lawful under the Delaware Constitution
holding that the defendant was “seized” when the police officer ordered him to stop and remove his hands from his coat
recognizing that under California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991), a Fourth Amendment seizure \does not occur until the officer uses physical force or the defendant submits to the authority of the officer\
noting that the Delaware constitution may in certain circumstances provide greater protections that the United States Constitution in protecting citizens against unreasonable search and seizure
noting that Hodari D. is inconsistent with the State’s historic commitment to protecting the privacy of citizens because it “would allow a police officer lacking reasonable suspicion to create that suspicion through an unjustified attempted detention”

Source: CourtListener parenthetical corpus (CC0).

Judges: Veasey, Walsh, Holland, Hartnett, Jacobs

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Cited by

161 cases in this archive cite this case; the 20 most cited are listed.

Cites

72 cases in this archive are cited by this case; the 20 most cited are listed.

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