State v. Palmer

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE ) ) ID No. 1801000980 v. ) ln and For Kent County ) BREMONTE R. PALl\/IER, ) Defendant. ) ORDER Submitted: August l, 2018 Decided: August 13, 2018 Upon Defendant’s Motion 10 suppress DENIED Gn this the 13th day of August, 2018, having considered Defendant Bremonte Palmer’s (hereinafter “Defendant”) motion to suppress and the State’s response, as vvell as evidence and argument offered at a hearing held August l, 20 l 8, the Court finds that the motion to suppress must he DENIED. Defendant seeks suppression of drug contraband seized from his person pursuant to a police stop of a vehicle in vvhich Defendant vvas a passenger on January 2, 20l8. The following facts are those as found by the Court by a preponderance of the evidence I. Factual Background At approximately 3:30 p.m. on the day in question, Troopers Solda and Holl of the Delavvare State Police Were conducting surveillance in Woodside, Delavvare, When l they observed a red Dodge Charger (hereinafter the “Vehicle”) stop on the shoulder of the road With its hazard lights on. The driver of the Vehicle, Donald Bratcher, exited on foot and approached a house nearby. Bratcher tested the doorknob and, finding the door to be locked, returned to the Vehicle and drove away. The Vehicle still had its hazard lights on as it pulled onto the roadway and did not utilize its turn signal The Vehicle continued along the road for a short time before Solda and Holl initiated a traffic stop. The Vehicle pulled over to the shoulder and Solda and Holl approached on foot. The officers discovered Bratcher driving the vehicle and also observed Defendant in the front passenger seat, and another passenger in the back seat, Savannah Walker. The troopers began to collect information and documentation from the Vehicle occupants, but Bratcher Was unable to produce registration or insurance documents for the Vehicle, and Wall