Supreme Court Hand Down 10/7/10

Delker v. State.  James Robert Delker was indicted and subsequently convicted of DUI 3rd and sentenced as an habitual offender to five years, day for day.  Delker was observed by the Chief of Police of Marion, Mississippi going over the posted speed limit.  The chief activated his blue lights, at which point Delker sped up and was later stopped.  The chief noticed that Delker appeared impaired and Delker later refused to take a breathalyzer.  Delker was found guilty at trial.  Delker appealed on the grounds that he was not within the city limits of Marion and as such, the chief had no authority to arrest him.  Delker filed a motion to suppress that was denied.  The Court of Appeals affirmed and the Supreme Court granted Cert.  The majority held that the exclusionary rule did not apply as the chief made a mistake.  The dissent, by Justice Chandler held that the a chief of police not knowing his own municipal boundaries was at least gross negligence and as such the rule should apply and the suppression should have been granted.


And to toot my own horn, the Supreme Court granted a petition for cert today I helped write.


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