Cohan v. Simmons

2 Citing cases

  1. State v. Coursey

    136 A.3d 316 (Del. Super. Ct. 2016)   Cited 5 times   1 Legal Analyses

    Furthermore, at the hearing, Defendant was allowed great latitude to cross-examine the Officers for credibility purposes; however, it did not appear to the Court that the Officers, who were sequestered and provided consistent testimony in a straightforward fashion, should not otherwise be believed.Id. ; see Cohan v. Simmons, 2011 WL 379309, at *4 (Del.Super.Jan. 28, 2011) (citing Rickards, 2 A.3d at 150 ) (“Delaware courts have consistently held that where a traffic stop is supported by reasonable suspicion or probable cause that a traffic violation has occurred, the ulterior motive of the police officer is irrelevant.”). B. The Scope of the Traffic Stop

  2. State v. Nyala

    Case No. 131000634 (Del. Super. Ct. Jul. 17, 2014)   Cited 5 times

    Super. 2006); Turner v. State, 25 A.3d 774, 777 (Del. 2011) (noting that Heath "was not appealed, and . . . has not been followed in any other Superior Court decisions). See also Cohan v. Simmons, 2011 WL 379309 at *3 (finding "the Delaware Supreme Court has not held that the Delaware Constitution provides greater protection that the Fourth Amendment in circumstances where a police officer conducts a valid traffic stop with an ulterior motive"); State v. Adams, 13 A.3d 1162, 1166 (Del. Super. 2008) (declining to follow Heath because "[t]here are too many occasions where . . . there was a lawful basis to stop a motor vehicle for a traffic violation which led later to arrests for other kinds of offenses").