MATTER OF INDEPENDENT OIL PRODUCTS, INC.


444 A.2d 291 (1982)

In the Matter of The entire premises of INDEPENDENT OIL PRODUCTS, INC., located in the northeast corner of a free standing, single story, white masonary structure, door number 5 at the premises known as Earl's Tire Service, Inc., 185 South DuPont Highway, New Castle County, Delaware 19720 and Search Warrant (Control No. D22610) issued by District Justice of Peace Brown, Chester County, Pa.

Superior Court of Delaware, New Castle County.

Decided March 30, 1982.


Attorney(s) appearing for the Case

Christopher J. Curtin, Deputy Atty. Gen., Dept. of Justice, for State of Delaware.

Thomas W. Ostrander (argued), Pennsylvania, Pa., and Jay H. Conner, of Conner, Daley, Erisman & Van Ogtrop, Wilmington, for petitioners.


O'HARA, Judge.

Petitioners have filed a motion to quash search warrants, suppress evidence and for return of property. The Court concludes that the motion must be denied.

The threshold question is whether it is within the power of the Superior Court to consider a motion to suppress evidence seized pursuant to a search warrant issued by the Superior Court, when no criminal prosecutions have been filed against the petitioners...

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