Judge in kidnapping case denies defense motion to suppress evidence

A Delaware Superior Court judge has a denied a motion to suppress cellphone evidence brought by a Millsboro man accused of kidnapping and robbing an elderly Rehoboth Beach couple.

Judge E. Scott Bradley said Delaware State Police were justified in their use of a cellphone locator to track down Steven Snell, 29, while he was on the run after police said he invaded the home of an 82-year-old man and 81-year-old woman, assaulted and robbed them, then tied up the man and put him in the trunk of the couple’s car, while Snell drove with the woman in their car to an M&T Bank branch in Rehoboth to withdraw $500. Bradley read his decision from the bench during  a May 21 hearing. 

Bradley said the police met three criteria that are the basis for using a cellphone locator, a device that enables police to track someone’s cellphone. First, police must show reasonable grounds that the case presents an emergency to the health, safety and welfare of the general public.

Bradley said Snell had previously been arrested on theft charges between July 2 and July 7. Those charges were resolved July 26, Bradley said, and Snell was warned at the time that if he were arrested again, he would be going to jail for six years. 

On July 28, Bradley said, Snell went to the victims’ home in Rehoboth Beach Yacht and Country Club. Snell was familiar with the house because he had previously been there doing electrical work with his grandfather. The victims later said during that previous visit, Snell stole $180 from the woman’s purse. 

Bradley said the day of the robbery, the male victim saw Snell outside his garage. The man thought Snell was a painter scheduled to come to the home that day. Snell told the victim his phone was dead and asked if he could use the telephone inside. The elderly man later told police that during his phone call, Snell referred to himself as, “Steve, I mean, Mike.”

Snell then asked the man for a glass of water. When the man turned his back, Snell held a box cutter to his throat, Bradley said. Snell and the man struggled, and the man cut his chin. When his wife came downstairs, Snell grabbed her and threw her to the ground. 

Bradley said Snell tied up the man and took $60 from his wallet. He then took $200 from the woman along with her ATM card. During the ride to the bank, Snell told the woman that he had a gun. At the bank, Snell withdrew $500, bringing his total haul to about $800. Bradley said Snell was photographed by the ATM internal camera, which captured a tattoo of three stars on Snell’s forearm. When he tried to lead the woman back to the car, she grabbed a railing and refused to budge. Another customer arrived and Snell left the scene.

Besides his tattoo as an identifying mark, the victims told police that Snell was shaking, as would someone with Tourette’s syndrome. Police searched a database of prior offenders with Tourette’s and Snell’s name popped up, Bradley said.

Police visited Snell’s mother, who cooperated with them and sent a text message to her son. Snell answered that he was at Indian River Inlet. While Snell was not at the inlet, police had his cellphone number and learned the phone was active. In interviews with the victims, Bradley said they told police they were concerned that Snell would return; the man asked police if he should get a gun, Bradley said. Because the crime took place on Saturday, making it more difficult to get a warrant to search Snell’s cellphone, and sensing that his crimes were escalating, Bradley said, police sought emergency use of the cellphone locator. 

Bradley said at this point, Snell was on the run, armed – police suspected he still had the box cutter and possibly a gun – and had committed enough offenses to go to prison for the rest of his life.

“Snell had little to lose in terms of criminal deterrence in committing these offenses,” he said.

The second criteria police had to meet, Bradley said, was that emergency use of the cellphone locator must not be motivated by an intent to arrest. He said police wanted to stop Snell before he could hurt anyone else, and that the concern was to protect the victims and the public. Bradley said arresting Snell after using the locator was a natural extension of protecting the public.

Finally, Bradley said, police must have a reasonable basis that there was an emergency that could be resolved by searching Snell’s phone. Bradley said police had a reasonable basis to conclude that Snell was a threat and that if they found his phone, they would find Snell. 

“I am satisfied the state has met all the requirements,” Bradley concluded. 

A final case review and trial date has not been set for Snell, who faces three counts of first-degree robbery, two counts of first-degree carjacking, two counts of first-degree kidnapping, home invasion, possession of burglary tools, and possession of a deadly weapon in commission of a felony.