Montchanin Traffic Lawyer, Delaware

... Nor did the Superior Court's ruling explain why those facts were relevant, since Corporal Hake did not stop the motor vehicle for any of those reasons. Fourth Amendment and Traffic Violations. ... Traffic Violation as Probable Cause. ...

... [6] Questions of law are reviewed de novo, [7] and questions of fact are reviewed for "clear error." [8]. I. Did the Police Have Reasonable And Articulable Suspicion to Detain Loper Beyond The Initial Traffic Stop? ... A. The Police Did Not Exceed The Scope Of The Traffic Stop. ...

... Heath test. The first question is whether the stop was pretextual. Captain Layfield testified that he stopped the vehicle because it was standing still in a travel lane in front of his private driveway, which is a traffic violation. He also ...