Brian Burglar planned to burglarize a local jewelry store. On the night he planned to commit the burglary, Burglar was seen by Deputy Dooright standing in an alley behind the store. It was 1:30 a.m. on a summer morning, and Burglar was wearing a North Face jacket, jeans, and work boots.

After watching Burglar for about 5 minutes, Dooright walked up to him and asked him what he was doing in the alley at that time of the morning. Burglar responded that he lived nearby and couldn't sleep, so he decided to take a walk. He showed Dooright his driver's license which confirmed that his home was a short distance away from the store. Dooright then grabbed Burglar, spun him around, and pushed him up against the brick wall of the store. Dooright then "frisked" Burglar. After feeling a hard object in Burglar's pocket, he reached in and located a small container with locksmith tools. He then arrested Burglar for possession of burglar's tools under 11 Del. C. 828, a class F felony. Dooright then searched Burglar further incident to his arrest. During the search, he located a diagram of the jewelry store in his pants pocket. The burglar was later charged with attempted burglary in the third degree and possession of burglar's tools.

His defense attorney has filed a motion to suppress the tools and the diagram. Should the motion be granted? Explain your answer as to why or why not. Make sure you consider the arguments for each side.