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Cummings v. State

While police may properly employ "hunches" or suspicion to investigate, more is required to detain a citizen in a public place, and in the absence of a reasonable and articulable suspicion of wrongdoing, such detention is not authorized.

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Submitted: November 28, 2000

Appeal from Family Court. REVERSED.

This is an appeal by a juvenile from a determination of delinquency in the Family Court based on the offenses of possession with intent to deliver marijuana, maintaining a vehicle for the purpose of the transportation of marijuana and possession of drug paraphernalia. At trial, the defendant unsuccessfully moved to suppress the evidence seized from his person and automobile on the ground that the police had no legal basis to detain him. We conclude that the detention of the defendant lacked a reasonable articulable basis for suspicion of criminal activity and that the subsequent search of his person and automobile was illegal. Accordingly, we reverse.

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