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State v. Cannon

2026-08-21

Summary

Holding. The motion for reargument was denied. The trial court upheld its denial of the defendant's motion to suppress, finding that the officer had authority under Delaware's community caretaking doctrine to stop the vehicle based on the cracked windshield without requiring proof of violation of specific statutory provisions.

A defendant sought to suppress evidence obtained from a vehicle stop, arguing the officer lacked reasonable suspicion to stop his car based on a cracked windshield. The trial court denied the initial motion to suppress, finding the stop lawful. The defendant then filed a motion for reargument, which the court addressed by explaining that motions for reargument are limited tools designed to correct overlooked precedent or misapprehended law or facts, not to rehash arguments already considered.

The court declined to revisit the reasonable articulable suspicion analysis under Delaware statutes and instead relied on Delaware's community caretaking doctrine. Under this doctrine, police may stop a vehicle when an officer has objective, specific, and articulable facts suggesting a citizen is in peril, distress, or needs assistance. The court determined that a reasonable officer would have grounds to stop a vehicle with a cracked windshield under this doctrine, and that the stop was not pretextual.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a traffic stop based on a cracked windshield violated the defendant's rights
  • Whether the community caretaking doctrine justified the vehicle stop
  • Standards for granting a motion for reargument
  • Whether the stop was pretextual

Procedural posture

The defendant appealed the trial court's denial of his motion to suppress evidence obtained during a vehicle stop by filing a motion for reargument under Delaware Civil Rule 59(e).

Authorities cited

Opinion

majority opinion

SUPERIOR COURT

OF THE

STATE OF DELAWARE

CRAIG A. KARSNITZ, SUSSEX COUNTY COURTHOUSE

RESIDENT JUDGE 1 THE CIRCLE, SUITE 2

GEORGETOWN, DE 19947

TELEPHONE (302) 856-5263

August 21, 2026

Daniel A. Strumpf, Esquire

Assistant Public Defender

Office of Defense Services

14 The Circle, 2nd Floor

Georgetown, De 19947

Emma G. Ballantine, Esquire

Deputy Attorney General

Department of Justice

13 The Circle

Georgetown, DE 19947

Re: State of Delaware v. Andre Cannon, Cr. No. 2505009483

Defendant’s Motion for Reargument

Counsel:

Factual Background

On May 19th, 2205, Detective Vincent saw a black 2020 Nissan Altima

bearing Maryland temporary registration T2254397. The Nissan Altima had a

cracked windshield. The crack was located on the righthand passenger side of the windshield. A screenshot from Detective Vincent's body-worn camera was entered

as evidence during the suppression hearing. Detective Vincent made a traffic stop

based on the cracked windshield.

As Detective Vincent approached the vehicle, he saw Andre Cannon

(“Defendant”) making movements toward the back seat and rear floorboard.

Detective Vincent observed a spilled drink on the back seat and Defendant tossing

clothing toward the left side of the rear floorboard. Defendant did not lower the

window, so Detective Vincent opened the passenger door and asked what Defendant

was searching for. Defendant said he was looking for his paperwork. Detective

Vincent instructed Defendant to stop reaching around inside the vehicle. When

Detective Vincent asked for license and insurance, Defendant provided insurance

but did not have a license. Detective Vincent informed Defendant that he pulled

Defendant over because of the crack in his windshield. Defendant acknowledged

the crack in his windshield, indicating prior knowledge of the crack. During this

interaction, Detective Vincent observed plastic baggies in the front passenger

door compartment. The officers on scene ultimately searched Defendant's person

and vehicle and found the evidence that supports the charges against the Defendant,

and which Defendant seeks to have suppressed.

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Procedural Background

On April 29, 2026, Defendant filed a Motion to Suppress the evidence found,

arguing that there was no reasonable articulable suspicion to stop the vehicle because

the condition of the windshield did not violate any Delaware statute. The State filed

its Response on June 1, 2026. I held a suppression hearing on July 28, 2026.

Detective Vincent was the only witness at the hearing. I denied the Motion to

Suppress from the bench.

On August 4, 2026, Defendant filed a Motion for Reargument under Delaware

Civil Rule 59(e).1 The State filed its Response on August 19, 2026. This is my ruling

on the Motion for Reargument.

Legal Standard

A motion for reargument will be granted only under limited circumstances.

The court must have "overlooked a controlling precedent or legal principles, or the

court has misapprehended the law or facts such as would have changed the outcome

of the underlying decision."2 The purpose of such a motion is "to request that the

1

The Delaware Criminal Rules do not contain a rule regarding reargument; therefore, I look to the Civil Rules for guidance.

2

State v. Brinkley, 132 A.3d 839 (Del. 2016).

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trial court reconsider whether it overlooked applicable legal precedent or

misapprehended the law or facts in such a way as to affect the outcome of the case."3

A motion for reargument "should not be a vehicle for one party who was

unhappy with the court's ruling to simply rehash the arguments already heard and

decided by the court."4 Additionally, "a motion for reargument [cannot] be used to

introduce new evidence and/or new arguments which could have been, but were not

submitted at trial."5 The motion is "not designed to accommodate a reargument of

matters which were previously considered and determined."6

I have carefully reviewed the Motion and the attachments thereto. Under the

above-referenced standards, I find no reason to grant reargument or to hold another

suppression hearing. I see nothing that such a hearing would produce other than

information which is already on the record.

The Merits

Defendant moves for reargument based on (1) a lack of reasonable articulable

suspicion for the stop, (2) the unconstitutional vagueness of 21 Del. C. §4313(a),7

and (3) the unconstitutional vagueness of 21 Del. C. §2144.8 The parties spent much

3

Benge v. State, 101 A.3d 973 (Del. 2014).

4

Martin v. Martin, 857 A.2d 1037 (Del. 2004).

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Id.

6

Merrill Lynch Pierce Fenner & Smith, Inc v. Sun K. Shin, Not Reported in A.2d (1984). 7

This statute incorporates by reference the provisions of the Federal Motor Vehicle Safety Standard 205 in effect at the time of a windshield’s manufacture under 49 CFR 571.205.S2. 8

This statute permits a police officer, upon reasonable cause, to stop a vehicle to investigate a possible equipment defect. It is a misdemeanor under 21 Del. C. §4355(a) for "any person to drive

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time during the suppression hearing and in their briefs on the Motion for Reargument

arguing the nuances of these State and Federal statutes and regulations and whether

they provided Detective Vincent with reasonable articulable suspicion to stop

Defendant’s vehicle. However, I find it unnecessary for purposes of this ruling to

rehash the discussion of reasonable articulable suspicion under Delaware law, or the

strengths and infirmities of the above-referenced statutes.

As I stated during my ruling denying the Motion to Suppress at the

suppression hearing, in my view Detective Vincent had the authority to make a

judgment and determination as to whether there was reasonable cause to believe that

the vehicle was unsafe.9 I asked the Detective specifically about this to determine if

this was just a pretext for stopping and searching the vehicle, and in my view it was

not pretextual.

Wholly apart from the statutes, Delaware case law has long recognized the

community caretaking function of the police. The Delaware Supreme Court

officially adopted the community caretaking doctrine in Williams v. State,10

establishing that the role of police in Delaware is not limited to merely the detection

or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person." Additionally, it is unlawful under 21 Del. C. §2115(6) to "[d]rive or move or, being the owner, cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person.” 9

See Transcript of Suppression Hearing, at p. 69, lines 8 – 20.

10

962 A.2d 210 (Del. 2008).

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and prevention of criminal activity, but also encompasses a non-investigative, noncriminal role to ensure the safety and welfare of citizens. In State v. Negron,11 this

Court reiterated the Supreme Court’s three-part test, which requires: (1) objective,

specific, and articulable facts from which an experienced officer would suspect that

a citizen is in apparent peril, distress, or need of assistance; (2) if the citizen is in

need of aid, the officer may take appropriate action to render assistance or mitigate

the peril; and (3) once the officer is assured that the citizen is not in peril or is no

longer in need of assistance, the caretaking function is over and any further detention

constitutes an unreasonable seizure unless the officer has a warrant or some other

exception to the warrant requirement applies.

In West v. State,12 this Court held that a seizure is a seizure regardless of

whether the person seized was driving in a car at the time, and that if the community

caretaker doctrine may constitutionally be applied as an exception to the warrant

requirement when one’s person is seized, it may equally be applied when that person

is driving in a car. Similarly, in State v. McDowell,13 this Court found that a police

officer’s observation of a disabled vehicle interfering with traffic on a busy highway,

combined with a bystander’s report that the car had run out of gas and the defendant

wandering near moving traffic, constituted the objective, specific, and articulable

11

2012 WL 2833004 (Del. Super. June 28, 2012).

12

2015 WL 5121059 (Del. Super. Aug. 20, 2015).

13

2016 WL 6462143 (Del. Super. Oct. 31, 2016).

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facts necessary to justify a community caretaking stop.

In my view, on the facts of this case, any reasonable police officer would have

had objective, specific, and articulable reasons to stop a vehicle with a cracked

window under the community caretaking doctrine.

Conclusion

For the reasons stated above, the Motion for Reargument is DENIED.

IT IS SO ORDERED.

Very truly yours,

/s/ Craig A. Karsnitz

Craig A. Karsnitz

cc: Prothonotary

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