In Scott, the Court found that there were sufficient facts on the face of the affidavit showing a nighttime search was necessary to prevent the destruction of evidence.
Summary of this case from State v. WhiteNo. 140, 2006.
February 22, 2007.
Appeal from the Superior (Kent) CrA IK04-07-1020.
Decisions Without Published Opinions AFFIRMED.
In Scott, the Court found that there were sufficient facts on the face of the affidavit showing a nighttime search was necessary to prevent the destruction of evidence.
Summary of this case from State v. WhiteIn Scott, the affidavit supporting the nighttime warrant contained an averment that evidence (possible blood stains) within the residence where the victim was killed was in plain view, family members of the victim's roommate wanted to retrieve items from the apartment and there was a danger of tampering or loss because the victim's roommate or others would find a way to enter and disturb the scene.
Summary of this case from State v. WhiteFull title:Scott v. State
Court:Supreme Court of Delaware
Date published: Feb 22, 2007
Because minor victims are involved, the Court, sua sponte, has assigned pseudonyms to the parties under Del.…
State v. WhiteJensen v. State, 482, A.2d 105, 111-13 (Del. 1984).Henry v. State, 373 A.2d 575, 577 (Del. 1977); Jensen v.…