Pollard v. Delaware
Annotate this CaseIn 2021, appellant Javon Pollard was convicted of numerous drug-related charges. Pollard appealed, arguing that the Superior Court committed plain error by not sua sponte suppressing evidence obtained during an allegedly illegal search of his vehicle in violation of his constitutional rights under the Fourth Amendment of the United States Constitution and Article I, Section 6 of the Delaware Constitution. To the Delaware Supreme Court, the State urged the Supreme Court not to consider Pollard’s appeal because he failed to properly raise this argument below. The State further argued that Pollard’s challenges also failed because there was sufficient probable cause to justify the search. The Supreme Court agreed Pollard did not fairly raise the argument below. Regardless, Pollard also lost on the merits because the search did not violate either the United States or Delaware Constitutions.
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