Pierson v. State, 338 A.2d 571 (Del. 1975). · Go Syfert
Pierson v. State, 338 A.2d 571 (Del. 1975). Cases Citing This Book View Copy Cite
100 citation events (72 in the last 25 years) across 9 distinct courts.
Strongest positive: State v. Cresto (delsuperct, 2025-07-08)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
cited Cited as authority (rule) State v. Cresto
Del. Super. Ct. · 2025 · confidence medium
Super. 2005), aff’d 903 A.2d 288 (Del. 2006) (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)); State v. Cannon, 2007 WL 1849022 , at *3 (Del.
cited Cited as authority (rule) State of Delaware v. Patricia Kostyshyn
Del. Ct. Com. Pl. · 2025 · confidence medium
Indeed, the 7 Dorsey v. State, 761 A.2d 807, 811 (Del. 2000). 8 Id. 9 Pierson v. State, 338 A.2d 571, 573 (Del. 1975). 10 State v. Ranken, 25 A.3d 845, 862 (Del.
discussed Cited as authority (rule) State v. Heck
Del. Super. Ct. · 2024 · confidence medium
Constitutional and Statutory Protections Under Article I Section 6 of the Delaware Constitution, “[t]he people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures.”68 While the Fourth Amendment to the United States Constitution 64 Id. (citing Pierson v. State, 338 A.2d 571, 573 (Del.1975)). 65 Id. 66 Id. (citing Gardner v. State, 567 A.2d 404, 409 (Del.1989) (quoting Jensen, 482 A.2d at 111 )). 67 Sisson v State, 903 A.2d 288, 296 (Del. 2006) (citing Stones v. State, 1996 WL 14557 , at * 2 (Del. 1996) (ORDER) (quoting Illinois v. Gates,…
cited Cited as authority (rule) State v. Clifton
Del. Super. Ct. · 2024 · confidence medium
Super. 2005), aff’d 903 A.2d 288 (Del. 2006) (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)); State v. Cannon, 2007 WL 1849022 , at *3 (Del.
discussed Cited as authority (rule) State v. Queen
Del. Super. Ct. · 2023 · confidence medium
I, § 6 (“The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation.”). 27 Sisson, 883 A.2d at 876 (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)). 28 Id. (internal quotation marks and citation omitted); Blount v. State, 511 A.2d 1030, 1032-33 (Del. 1986) (stating the supporting affidavit must “set forth sufficient fa…
discussed Cited as authority (rule) State v. Johnson (2×)
Del. Super. Ct. · 2023 · confidence medium
Super. 2005). 10 Id. 11 Id. at 876 (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)). 12 Id. 13 State v. Monroe, 2015 WL 721441 , at *6 (Del.
discussed Cited as authority (rule) State v. Holmes
Del. Super. Ct. · 2023 · confidence medium
I, § 6 (“The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and no warrant to search any place, or to -3- “It is well-settled that the Court must employ a ‘four-corners’ test to determine whether an application for a warrant demonstrates probable cause.”9 Under that test, a reviewing court must discern whether the supporting affidavit “set[s] forth sufficient facts on its face for a judicial officer to form a reasonable belief that an offense has been committed and that seizable property would be found in a particu…
discussed Cited as authority (rule) State v. Spencer
Del. Super. Ct. · 2023 · confidence medium
I, § 6 (“The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation.”). 23 Sisson, 883 A.2d at 876 (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)). 24 Id. (internal quotations and citations omitted). 25 Taylor, 260 A.3d at 613. 26 Wheeler v. State, 135 A.3d 282, 299 (Del. 2016) (citation omitted); see Taylor, 260 A.3d a…
discussed Cited as authority (rule) State v. Chaffier
Del. Super. Ct. · 2023 · confidence medium
I, § 6 (“The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation.”). 22 Sisson, 883 A.2d at 876 (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)). -6- sufficient facts on its face for a judicial officer to form a reasonable belief that an offense has been committed and that seizable property would be found in a particu…
discussed Cited as authority (rule) State v. Holmes
Del. Super. Ct. · 2022 · confidence medium
I, § 6 (“The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation.”). 56 Sisson, 883 A.2d at 876 (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)). -12- a reviewing court must discern whether the supporting affidavit “set[s] forth sufficient facts on its face for a judicial officer to form a reasonable belief that an …
discussed Cited as authority (rule) State v. King
Del. Super. Ct. · 2021 · confidence medium
The Court considers it logical to infer that if Mr. King committed the sexual assault, and sexual offenders keep evidence from 50 Pierson v. State, 338 A.2d 571, 573 (Del. 1975). 51 Jensen v. State, 482 A.2d 105, 112 (Del. 1984) (citing Spinelli v. United States, 393 U.S. 410, 419 (1969)). 52 State v. Cannon, 2007 WL 1849022 , at *4 (Del.
discussed Cited as authority (rule) Gordon v. State
Del. · 2021 · confidence medium
Under that test, sufficient facts must appear on the face of the affidavit such that a reviewing court can ascertain from that document alone the factual basis for a determination that probable cause exists.74 Applying this test, the majority found that the Superior Court’s reliance on facts extraneous to the affidavit ran counter to the purpose of the “four corners” test, which is to ensure that the reviewing court determines “whether the constitutional requirements of probable cause have been met without reliance upon faded and often confused memories.”75 Thus, the majority determi…
discussed Cited as authority (rule) State v. Lovett
Del. Super. Ct. · 2020 · confidence medium
C. §§ 2306, 2307 (contemplating the “four corners” test for probable cause); Pierson v. State, 338 A.2d 571, 573 (Del. 1975). ’ Hooks v. State, 416 A.2d 189, 203 (Del. 1980). 3 information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.”® A reviewing court is to pay great deference to a judicial officer’s determination of probable cause, and its scrutiny of the affidavit “should not take the form of a de novo review.”” The reviewing court’s duty is “simply to ensure that the magistrate had a ‘substantial basis fo…
discussed Cited as authority (rule) Woody v. State
Del. · 2019 · confidence medium
“Probable cause must be based on current information, not conjecture, for stale information will not support a finding of probable cause.”19 There must be 19 Sisson, 903 A.2d at 297 (quoting Pierson v. State, 338 A.2d 571, 573 (Del. 1975)). 9 probable cause that the specified items “are presently on the premises.” 20 Magistrates and courts must consider factors like the “kind of property for which authority to search is sought,” “whether the evidence sought is highly incriminating or consumable and thus less or more likely to remain in one location,” and the “statements of da…
discussed Cited as authority (rule) State v. Bell
Del. Super. Ct. · 2019 · confidence medium
The Affidavit states that the 2 Pierson v. State, 338 A.2d 571, 573 (Del. 1975). 3 Illinois v. Gates, 462 U.S. 213, 238-39 (1983); see also Aguilar v. Texas, 378 U.S. 108, 114 (1964). 4 Hooks v. State, 416 A.2d 189, 203 (Del. 1980). > Gates, 462 U.S. at 238-39 . ° LeGrande v. State, 947 A.2d 1103, 1107-08 (Del. 2008). ” Id. at *3 (quoting Gardner v. State, 567 A.2d 404, 409 (Del.1989)). 3 State of Delaware v. Dustin Bell ID.
cited Cited as authority (rule) State v. Riley
Del. Super. Ct. · 2019 · confidence medium
Dec. 19, 2017) (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)). "* State v. Holden, 60 A.3d 1110, 1114 (Del. 2013) (citing Mlinois v. Gates, 462 U.S. 213, 237 (1983). '?
discussed Cited as authority (rule) State v. Reese
Del. Super. Ct. · 2019 · confidence medium
C. § 2306, to obtain a search warrant, the police must make a specific and delineated request supported by probable cause. 14 Pierson v. State, 338 A.2d 571, 573 (Del. 1975); Sisson v. State, 903 A.2d 288, 296 (Del. 2006); State v. Westcott, 2017 WL 283390 , at *2 (Del.
discussed Cited as authority (rule) State v. Spady
Del. Super. Ct. · 2018 · confidence medium
To that end, a confidential inforrnant’s tip can provide probable cause, if the 16 Sisson, 883 A.2d at 876 (citing Pierson v. State, 338 A.2d 571, 573 (Del.l975)). 17 State v. Hola'en, 60 A.3d 1110, 1114 (Del, 2013) (citing Illinoz's v. Gates, 462 U.S. 213, 237 (1984)). 18Rybicki v. State, 119 A.3d 663, 668-69 (Del. 2015) (citing Sisson v. State, 903 A.2d 288, 296 (Del. 2006). 19 Le Grana’e, 947 A.2d at 1108 (quoting Sisson, 903 A.2d at 296 ); accord Gates, 462 U.S. at 23 8-29 (“[T]he duty of a reviewing court is simply to ensure that the magistrate had a ‘ substantial basis for conclu…
cited Cited as authority (rule) State v. Rizzo
Del. Super. Ct. · 2018 · confidence medium
Super. 2005). 3 Id. 4 Ia’. at 876 (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)). 5 Id. 6 State v. Monroe, 2015 WL 721441 , at *6 (Del.
cited Cited as authority (rule) State v. Morris
Del. Super. Ct. · 2017 · confidence medium
Super. 2005), ajj"d, 903 A.2d 288 (Del. 2006). 3 Pierson v. State, 338 A.2d 571, 573 (Del. 1975). 4 Illinois v. Gates, 462 U.S. 213, 238-39 (1983).
discussed Cited as authority (rule) State v. Stevens
Del. Super. Ct. · 2017 · confidence medium
Turner v. State, 25 A.3d 774 (Del. 2011) (“the Delaware Supreme Court recognizes an officer’s discretion in conducting a traffic stop and does not rely on an officer’s actual, subjective motives to determine the reasonableness of an officer’s course of conduct.”) 12McD0nala' v. State, 947 A.2d 1073, 1078 (Del. 2008). 13Ia'. (citing Pierson v. State, 338 A.2d 571, 573 (Del. 1975)). 6 State v. Denm`s L.
discussed Cited as authority (rule) State v. Aguilar
Del. Super. Ct. · 2016 · confidence medium
Super. 2005). 2 Pierson v. State, 338 A.2d 571, 573 (Del. 1975). 3 State v. Holden, 60 A.3d 1110, 1114 (Del. 2013). 4 Dorsey v. State, 761 A.2d 807, 821 (Del. 2000). 3 provide sufficient facts to show: first, probable cause that the defendant committed a crime; and second, probable cause to believe evidence of that crime is located in the residence.5 Accordingly, the second requirement for a residential search warrant requires a demonstrated nexus between the crime and the location.
cited Cited as authority (rule) Rybicki v. State
Del. · 2015 · confidence medium
Pierson v. State, 338 A.2d 571, 573 (Del.1975) ("Probable cause must be based on current information, not conjecture, for stale information will not support a finding of probable cause.”). 19 .
cited Cited as authority (rule) State v. Adams
Del. Super. Ct. · 2008 · confidence medium
Pierson v. State, 338 A.2d 571, 573-74 (Del.1975). .
examined Cited as authority (rule) McDonald v. State (7×) also: Cited "see, e.g."
Del. · 2008 · confidence medium
Pierson v. State, 338 A.2d 571, 573 (Del. 1975).
cited Cited as authority (rule) Sisson v. State
Del. · 2006 · confidence medium
C. § 2306; Dorsey v. State, 761 A.2d 807, 811 (Del.2000)); Blount v. State, 511 A.2d 1030, 1033 (Del.1986); Pierson v. State, 338 A.2d 571, 573 (Del.1975). 12 .
examined Cited as authority (rule) Dorsey v. State (3×)
Del. · 2000 · confidence medium
Const. art. 1, § 6. [4] Id. [5] 11 Del.C. § 2306. [6] 11 Del.C. § 2307. [7] Pierson v. State, Del.Supr., 338 A.2d 571, 573 (1975). [8] Id. [9] Id. at 574 ( quoting United States v. Acosta, 5th Cir., 501 F.2d 1330 (1974)).
cited Cited as authority (rule) Myers v. Medical Center of Delaware, Inc.
D. Del. · 2000 · confidence medium
See Wilson v. Delaware, 314 A.2d 905, 906-07 (Del. 1973); Pierson v. Delaware, 338 A.2d 571, 573 (Del.1975); Jensen v. Delaware, 482 A.2d 105, 111 (Del.1984).
cited Cited as authority (rule) Gardner v. State
Del. · 1989 · confidence medium
Pierson v. State, Del.Supr., 338 A.2d 571, 573 (1975).
discussed Cited as authority (rule) Jensen v. State (2×)
Del. · 1984 · confidence medium
See 11 Del.C. § 2307; 1 Spinelli v. United States, 393 U.S. 410, 419 , 89 S.Ct. 584, 590 , 21 L.Ed.2d 637 (1969); Pierson v. State, Del.Supr., 338 A.2d 571, 573-74 (1975); Edwards v. State, 320 A.2d at 703 ; Wilson v. State, 314 A.2d at 906-07 .
cited Cited as authority (rule) State v. Walker
Del. Super. Ct. · 1982 · confidence medium
Pierson v. State, Del.Supr., 338 A.2d 571, 573 (1975).
discussed Cited as authority (rule) State v. Driscoll
Vt. · 1979 · confidence medium
State v. Howe, supra. In other words, it must appear “that specified items are presently on the premises, and clearly that probability is lessened by the passage of time.” Pierson v. State, 338 A.2d 571, 573 (Del. 1975).
discussed Cited as authority (rule) Henry v. State
Del. · 1977 · confidence medium
In construing 11 Del.C. § 2306, which specifies what an application for a search warrant must contain and 11 Del.C. § 2307, which authorizes a Magistrate to issue a warrant, we wrote in Pierson v. State, Del.Supr., 338 A.2d 571, 573 (1975), concerning the State’s failure to allege the time of occurrence of the facts supporting the affidavit: “While conceding the time deficiency in the affidavit, the State says that the magistrate had official knowledge that one of the burglaries had taken place thirty days before; earlier the same day he had issued a warrant for the arrest of defendant f…
discussed Cited "see" State v. Sisson (2×)
Del. Super. Ct. · 2005 · signal: see · confidence high
See Pierson v. State, 338 A.2d 571, 573 (Del.1975) ("Sections 2306 and 2307 contemplate a 'four-corners’ test for probable cause...."). 28 .
discussed Cited "see, e.g." State v. Dorsey
Del. Super. Ct. · 2026 · signal: see also · confidence medium
Moreover, even if the Court were to consider the merits of Defendant’s reverse-Franks claim, there is no showing that the detectives acted 6 Gordon v. State, 245 A.3d 499 , 512 (Del. 2021). 7 Pierson v. State, 338 A.2d 571 , 573–74 (Del. 1975). 8 Gordon, 245 A.3d at 515. 9 Id. at 514; see also Pierson, 338 A.2d at 574 (reasoning that review of a warrant affidavit should be limited to the four corners of the warrant affidavit to ensure that “the reviewing court may determine whether the constitutional requirements have been met without reliance upon faded and often confused memories”) (…
cited Cited "see, e.g." State v. Chandler
Del. Super. Ct. · 2026 · signal: see also · confidence medium
See also, e.g., Pierson v. State, 338 A.2d 571, 573-74 (Del. 1975); State v. Ivins, 2004 WL 1172351 , at *4 (Del.
cited Cited "see, e.g." State v. Britt
Del. Super. Ct. · 2024 · signal: see also · confidence medium
See also E.g., Pierson v. State, 338 A.2d 571, 573-74 (Del. 1975); State v. Ivins, 2004 WL 1172351 , at *4 (Del.
discussed Cited "see, e.g." State v. Wright
Del. · 2016 · signal: see also · confidence low
Wright, 2012 WL 1400932 , at *41 "n. 132 (emphasis added); see also Pierson v. State, 338 A.2d 571 . 574 (Del.1975) (quotation omitted).(discussing the danger of relying on faded and often confused memories in the context óf written affidavits in support of search warrants). 66 ., See Wright et al., supra note 49 , at 680-81 ("The needs for stability and procedural efficiency, however, counsel- that a persuasive justification should be required to support consideration of [] new evidence.”); see also id. at 683-84 n. 70 (observing that courts generally do not find testimony developed at new…
Retrieving the full opinion text from the archive…
Joe Louis PIERSON, Defendant Below, Appellant,
v.
STATE of Delaware, Plaintiff Below, Appellee
Supreme Court of Delaware.
May 19, 1975.
338 A.2d 571
Karl Haller, Asst. Public Defender, Georgetown, for defendant below, appellant., Lawrence B. Steele, III, Deputy Atty. Gen., Georgetown, for plaintiff below, ap-pellee.
Herrmann, Duffy, Brown.
Cited by 53 opinions  |  Published
DUFFY, Justice:

We here consider whether undated information in an application defects a search warrant and requires suppression of evidence seized in its execution.

I

Defendant was convicted of burglary. At trial the fruits of the search warrant, “a sack of burglary tools” and three rings, were admitted into evidence; defendant’s standing to seek suppression was established after conviction in an appeal to this Court. Pierson v. State, Del.Supr., 311 A. 2d 854 (1973).

Following a post-remand hearing, the Superior . Court concluded that the “. . . affidavit when read as a whole appears sufficient to establish probable cause for the issuance of the warrant,” and denied the motion to suppress. This appeal followed.

II

It is undisputed and manifest on the face of the warrant application/affidavit that it contains no statement as to times or dates, except the date of notarization. Thus the issuing magistrate had no indication from the application as to when the information was received, when the facts as alleged by the informant occurred or, indeed, even when the offense occurred. The only hint of time is the use of the past tense by the affiant. [1]

[*573] Clearly, the temporal omission is a “serious defect in the affidavit,” Rosencranz v. United States, 1st Cir., 356 F.2d 310 (1966), for “Time is the very essence in search warrant cases.” Walker v. State, 49 Ala.App. 741, 275 So.2d 724 (1973), cert. denied, 290 Ala. 371, 275 So.2d 732. 50 essential is it that the basic (and, so far as we know, unanimous) rule is that failure to state when the alleged facts occurred is fatally defective. See Annot., 100 A.L.R.2d 525, Search Warrant: sufficiency of showing as to time of occurrence of facts relied on. See, e. g., People v. Padilla, Colo.Supr., 511 P.2d 480 (1973); Walker, supra; McMiken v. State, 122 Ga. App. 66, 192 S.E.2d 716 (1972); Griffin v. State, Okl.Cr.App., 503 P.2d 567 (1972).

This is so because “The prime element in the concept of probable cause is the time of the occurrence of the facts relied upon.” Fowler v. State, 121 Ga.App. 22, 172 S.E.2d 447 (1970). That concept is not artificial: probable cause must exist to believe that specified items are presently on the premises, and clearly that probability is lessened by the passage of time. As Chief Justice Hughes said over forty years ago: “. . . it is manifest that the proof must be of facts so closely related to the time of the issue of the warrant as to justify a finding of probable cause at that time.” Sgro v. United States, 287 U.S. 206, 210, 53 S.Ct. 138, 140, 77 L.Ed.2d 260 (1932).

Probable cause must be based on current information, not conjecture, for stale information will not support a finding of probable cause. See, e. g., People v. Wright, 367 Mich. 611, 116 N.W.2d 786 (1962). Here, the magistrate could not even make a judgment as to staleness because there was no chronology in the affidavit.

The situation in Hare v. State, Del. Supr., 310 A.2d 631 (1973), is clearly distinguishable: there the affidavits recited the date on which the information was received and the informant’s information as of that date was that defendant “. is receiving and recording horse bets.”

While conceding the time deficiency in the affidavit, the State says that the magistrate had official knowledge that one of the burglaries had taken place thirty days before; earlier the same day he had issued a warrant for the arrest of defendant for the burglary in question. Hence, the argument runs, he knew that the information was at least that current and present probable cause was therefore shown. The contention is legally and logically untenable. Assuming that information thirty days old is not prime facie stale, the argument ignores the clear import of 11 Del.C. §§ 2306, 2307 and the pragmatic impossibility of judicial review of a magistrate’s “own knowledge.” Sections 2306 and 2307, [2] like Federal Criminal Rule 41(c), contemplate a “four-corners” test for probable cause; sufficient facts must appear on the face of the affidavit so that a magistrate’s personal knowledge notwithstanding, a reviewing Court can verify the existence of probable cause. Thus one looks only to the “facts recited in the com[*574] plaint.” Section 2307; 11 Del.C. § 2306. As was recently stated by the 5th Circuit in confronting a similar issue:

“The requirement that all facts relied upon by the magistrate be in a written affidavit insures that 'the reviewing court may determine whether the constitutional requirements have been met without reliance upon faded and often confused memories.’ ” United States v. Acosta, 501 F.2d 1330 (1974) citing United States v. Anderson, 9th Cir., 453 F.2d 174 (1971).

We agree with the Acosta Court that a magistrate’s personal information cannot be used to save a defective affidavit.

Ill

We hold that the affidavit failed to establish current probable cause, that the search warrant was therefore invalid and that the nature of the evidence precludes us from finding that its admission at trial was harmless error. The evidence seized under the warrant must be suppressed.

Reversed.

1

. The affidavit reads:

“And that the facts tending to establish probable cause for believing that the foregoing grounds for the application exist are as follows :
No. 1. That your affiant can state reliable information has been obtained from informant that has resulted in criminal prosecution on felonies in prior situations.
No. 2. That your affiant can state informant was present when felonies were committed by Joe Lewis [sic] Pierson.
No. 3. That your affiant can state the informant was an accomplice and took part in numerous burglaries with subject involved.
No. 4. That your affiant can state subject, Joe Louis Pierson, gave informant part of merchandise taken from Tide Water Jewelry, Rehoboth Beach, Del.
No. 5. That your affiant can state Joe Lewis [sic] Pierson resides at the above-stated property.”
2

. 11 Del.O. provides in part:

“§ 2306. . . .
The application or complaint for a search warrant shall be in writing, signed by the complainant and verified by his oath or affirmation. It shall designate the house, place, conveyance or person to be searched and the owner or occupant thereof (if any), and shall describe the things or persons sought as particularly as may be, and shall substantially allege the cause for which the search is made or the offense committed by or in relation to the persons or things searched for, and shall state that the complainant suspects that such persons or things are concealed in the house, place, conveyance or person designated and shall recite the facts upon which such suspicion is founded.
§ 2307. . . .
If the judge, justice of the peace or other magistrate finds that the facts recited in the complaint constitute probable cause for the search, he may direct a warrant to any proper officer or to any other person by name for service. . . . ”