[Download] "Richard Mason v. State Delaware" by Supreme Court of Delaware # eBook PDF Kindle ePub Free
eBook details
- Title: Richard Mason v. State Delaware
- Author : Supreme Court of Delaware
- Release Date : January 24, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
HOLLAND, Justice The appellant, Richard T. Mason, was convicted in the Superior Court in and for New Castle County of Trafficking
in Cocaine and of Possession with intent to Deliver Marijuana. The Superior Court sentenced Mason to the mandatory minimum
aggregate period of six years imprisonment followed by a substantial period of probation. The issue on appeal is whether the
Superior Court erred in not granting a motion to suppress the evidence obtained by the police during a search of Mason's apartment. The underlying issues are whether there were exigent circumstances to justify a warrantless nighttime entry into Mason's
apartment and, if not, whether the subsequent nighttime search warrant was validly issued, and thereby removed the taint from
the initial warrant less entry. 1 Based upon our examination of the record, we have concluded that the warrantless entry
into Mason's apartment was not justified under the circumstances. We have also concluded that the search warrant which was
subsequently issued failed to meet the statutory requirements for a nighttime search of a residence. Therefore, we reverse
the decision of the Superior Court denying Mason's motion to suppress the evidence which was seized. Accordingly, we also
reverse Mason's convictions.