Pendleton v. State, 990 A.2d 417 (Del. 2010). · Go Syfert
Pendleton v. State, 990 A.2d 417 (Del. 2010). Cases Citing This Book View Copy Cite
“ubstantial compliance with departmental regulations is satisfactory evidence of reasonableness in delaware”
65 citation events (65 in the last 25 years) across 2 distinct courts.
Strongest positive: Lloyd v. State (del, 2023-02-09)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Lloyd v. State (4×) also: Cited as authority (rule), Cited "see, e.g."
Del. · 2023 · quote attribution · 1 verbatim quote · confidence high
ubstantial compliance with departmental regulations is satisfactory evidence of reasonableness in delaware
discussed Cited as authority (rule) State v. Walker
Del. Super. Ct. · 2024 · confidence medium
According to SPO Scioli’s testimony, he relayed all necessary 29 Id. at *5. 30 Id. at *2. 31 D.I. 25, at 4. 32 Pendleton v. State, 990 A.2d 417, 419 (Del. 2010) (citing Fuller v. State, 844 A.2d 290, 291 (Del. 2004)). 33 Probation and Parole Procedure 7.19B (D).
discussed Cited as authority (rule) State v. Young (2×) also: Cited "see, e.g."
Del. Super. Ct. · 2024 · confidence medium
Dec. 23, 2021) (citations omitted). 21 Sierra, 958 A.2d at 832 (citing Griffin v. Wisconsin, 483 U.S. 868, 874 (1987); McAllister v. State, 807 A.2d 1119, 1124 (Del. 2002)). 22 See, e.g., McAllister, 807 A.2d at 1124 (acknowledging that “[p]robation officers have authority to detain probationers and execute searches of their persons or property only to the extent granted to them by the General Assembly” but nonetheless finding administrative search of probationer’s residence proper); Fuller v. State, 844 A.2d 290, 291 (Del. 2004) (holding administrative search of probationer’s vehicle …
discussed Cited as authority (rule) Womack v. State
Del. · 2023 · confidence medium
Feb. 9, 2023) (quoting Pendleton v. State, 990 A.2d 417, 419 (Del. 2010)). 35 Id. (internal citation omitted). 10 papers, and effects, against unreasonable searches and seizures, shall not be violated[.]”36 Article I, § 6 provides that “[t]he people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures[.]”37 Womack agrees that the NCCPD officers were justified in stopping Jimenez’s vehicle, and that they had probable cause to search the vehicle.38 Womack also agrees that the officers were entitled to detain him initially when Jimenez…
discussed Cited as authority (rule) Coleman v. State
Del. · 2023 · confidence medium
Coleman has not shown any error in the Superior Court’s handling of his request for subpoenas directed to his former VOP counsel, the former prosecutor, and Cunningham. (28) Coleman next argues that the Superior Court erred in concluding that P & P substantially complied with Procedure 7.19 in conducting the administrative 16 Houston v. State, 251 A.3d 102 , 113-14 (Del. 2021); Kurzmann, 903 A.2d at 716-17 . 17 Pendleton v. State, 990 A.2d 417, 419 (Del. 2010). 13 search of his hotel room.
cited Cited as authority (rule) State v. Coleman
Del. Super. Ct. · 2021 · confidence medium
First, Officer 26 Id. § VII (E). 27 Pendleton v. State, 990 A.2d 417, 420 (Del. 2010). 28 Id. 9 Cunningham worked directly with Officer Porter in a joint investigation of Mr. Coleman.
examined Cited as authority (rule) State v. Irwin (3×) also: Cited "see, e.g."
Del. Super. Ct. · 2021 · confidence medium
Procedure 7.19 requires that the probation officer who seeks to justify a search must use Form #506, an Arrest-Search Checklist.24 Procedure 7.19 also specifies that the searching officer hold a conference with his or her supervisor before the search.25 Specifically, pursuant to Procedure 7.19, the officer applying for the search 21 Id. 22 Sierra v. State, 958 A.2d at 832 ; Pendleton v. State, 990 A.2d 417, 419 (Del. 2010). 23 Procedure 7.19 is a written policy from the State of Delaware Department of Correction, Bureau of Community Corrections Probation and Parole.
discussed Cited as authority (rule) Campbell v. State
Del. · 2020 · confidence medium
C. § 4321(d). 13 Campbell, 2018 WL 1709669 , at *2 (citing Pendleton v. State, 990 A.2d 417, 419 (Del. 2010) and United States v. Knights, 534 U.S. 112, 121 (2001)). 14 Id. 6 Kimberton Apartments and his confirmation that Campbell had recently provided the Kimberton Apartments address as where he lived to the police in an unrelated matter. (9) In arguing that his trial counsel should have conducted an investigation to determine where he was living at the time of his arrest, Campbell ignores that he was found with keys to the Kimberton Apartment complex and apartment in his pocket, he provided…
discussed Cited as authority (rule) State v. Holmes
Del. Super. Ct. · 2018 · confidence medium
When the decision to search is based on an informant’s tip, a probation officer is required “to assess any ‘tip’ relayed to them and independently determine if a reasonable suspicion exists that would, in the ordinary course of their duties, prompt a search of a probationer’s dwelling.”35 Probation officers are required to assess the reliability of an informant under Procedure 7.19.36 Procedure 7.19 requires a probation officer to consider “[i]n evaluating reliability of information, was [1] the information detailed, [2] consistent, [3] was the informant reliable in the past, and…
discussed Cited as authority (rule) State v. Love
Del. Super. Ct. · 2018 · confidence medium
Insufjicient nexus - 21 Clark’s Corner and Snap Chat posting Love next argues an insufficient nexus exists between the video posting and the search of 21 Clark’s Comer.34 Love contends that even if Porter had a reasonable belief that he possessed firearms, 21 Clark’s Corner was not where the Snap Chat posting was created and additionally the search of 21 Clark’s Corner took place 4 days after its posting, thus, creating the lack of nexus and an unlawful search. 31 Pendleton v. State, 990 A.2d 417, 420 (Del. 2010). 32 Fuller, 844 A.2d at 293 . 33 Id. 34 D.
discussed Cited as authority (rule) Campbell v. State
Del. · 2018 · confidence medium
BY THE COURT: /s/ Gary F. Traynor Justice 7 Pendleton v. State, 990 A.2d 417, 419 (Del. 2010); see also United States v. Knights, 534 U.S. 112, 121 (2001) (A probation officer may conduct a warrantless search of the home of a probationer who is subject to a search condition upon a showing of reasonable suspicion). 8 Sierra v. State, 958 A.2d 825, 828 (Del. 2008) (citing United States v. Arvizu, 534 U.S. 266, 273 (2002)). 6
cited Cited as authority (rule) Lewis v. State
Del. · 2018 · confidence medium
The vehicle was occupied by a black male in the front passenger seat and an unknown driver. 2 Pendleton v. State, 990 A.2d 417, 419 (Del. 2010). 3 d.
discussed Cited as authority (rule) Aiken v. State (2×)
Del. · 2017 · confidence medium
Although Aiken does not expressly attack the search of his person, we note that such search was lawful because it was made incident to his arrest for violating 6 Pendleton v. State, 990 A.2d 417, 419 (Del. 2010) (citations omitted). 7 Id. 8 Wood v. State, 9 A.3d 477 (Del. 2010). 9 Hanna v. State, 591 A.2d 158, 162 (Del. 1991). 10 Id. 11 Id. 12 Id. 13 Id. at 163 (citing Rakas v. Illinois, 439 U.S. 128, 143 (1978)). 14 Id. 15 Id. at 164 . 6 the terms of his probation.
discussed Cited as authority (rule) State v. Fax
Del. Super. Ct. · 2017 · confidence medium
As such, the evidence seized from the search of Fax’s 25 990 A.2d 417 (Del. 2010). 26 Id. at 421 (footnotes omitted). 13 residence must be suppressed as the fruit of an unlawful search.27 Therefore, Defendant’s Motion to Suppress is GRANTED. "\"/ivian L.
cited Cited as authority (rule) State of Delaware v. Caulk.
Del. Super. Ct. · 2015 · confidence medium
Feb. 23, 2010); Sierra, 958 A.2d at 828 ; Pendleton v. State, 990 A.2d 417, 420 (Del. 2010). 11 State v. Redden, 2003 WL 22853419 , *3 (Del.
examined Cited as authority (rule) State of Delaware v. Monroe. (3×) also: Cited "see, e.g."
Del. Super. Ct. · 2015 · confidence medium
Feb. 23, 2010). 12 Sierra v. State, 958 A.2d 825, 828 (Del. 2008); Pendleton v. State, 990 A.2d 417, 420 (Del. 2010). 11 The scope of an administrative search should be limited to the areas of the residence that are actually occupied by the probationer, including common areas, and the probationer’s property. 13 This scope also extends to areas which the officer has reason to believe is owned, possessed, or controlled by the probationer, even if it later turns out that the area or item searched was in exclusive possession of a non-probationer.14 In this case, the administrative search was val…
discussed Cited "see" Murray v. State (2×)
Del. · 2012 · signal: see · confidence high
Id. [32] Id. at 768-69 (citing Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Henry v. United States, 361 U.S. 98, 102-04 , 80 S.Ct. 168 , 4 L.Ed.2d 134 (1959)). [33] Id. at 763, 768. [34] Id. at 768. [35] Id. (quoting excerpts from a transcript). [36] Id. at 771. [37] Id. at 770-71 (quoting excerpts from a transcript). [38] Id. at 771 (citing Royer, 460 U.S. at 497 , 103 S.Ct. 1319 , for the proposition that submission is not sufficient for consent). [39] Id. at 768-69, 771-72. [40] See Caldwell, 780 A.2d at 1052 n. 40 (citing cases in which a person gave consent, but …
discussed Cited "see, e.g." State v. Watson
Del. Super. Ct. · 2023 · signal: see also · confidence medium
When he located a vehicle and its driver matching the description in the general area described in the tip, and then confirmed that the car was registered to a probationer, the informant’s tip was corroborated.”); see also Woody v. State, 765 A.2d 1257, 1265 (Del. 2001) (explaining that an area’s “high crime nature” is a “‘relevant contextual consideration’ in a reasonable suspicion analysis” (quoting Illinois v. Wardlow, 528 U.S. 119, 124 (2000))). 38 Pendleton v. State, 990 A.2d 417, 420 (Del. 2010) (explaining that a telephonic case conference in which the decision factors…
cited Cited "see, e.g." State v. Bolden
Del. Super. Ct. · 2019 · signal: see also · confidence medium
See also Fuller v. State, 844 A.2d 290, 292 (Del. 2004). 15 Donala', 903 A.2d at 319 . 15 Fuller, 844 A.2d at 293 . 17 Pena'leton v. State, 990 A.2d 417, 420 (Del. 2010) (emphasis in original).
discussed Cited "see, e.g." State v. Swiggett
Del. Super. Ct. · 2019 · signal: see also · confidence medium
C. § 4321(d); see also Probation No. 7.19 (amended effective June 5, 2001). 23 Probation No. 7.19. 24 Wallace, 62 A.3d at 1198 -99 citing Murray, 45 A.3d at 678 ; see also Pendleton v. State, 990 A.2d 417, 420 (Del. 2010); Sierra, 958 A.2d at 828-29 ; Fuller v. State, 844 A.2d 290, 292 (Del. 2004). 25 Wallace, 62 A.3d at 1197 citing United States v. Knights, 534 U.S. 112 (2001). 26 Id. citing Knights, 534 U.S. at 121 . 10 State of Delaware v. Darren Swiggett C.A.
cited Cited "see, e.g." Wallace v. State
Del. · 2012 · signal: see also · confidence medium
Id.; see also Pendleton v. State, 990 A.2d 417, 420 (Del.2010); Siena v. State, 958 A.2d 825, 828-29 (Del.2008); Fuller v. State, 844 A.2d 290, 292 (Del.2004).
Retrieving the full opinion text from the archive…
Ezra PENDLETON, Defendant Below, Appellant,
v.
STATE of Delaware, Plaintiff Below, Appellee
389, 2009.
Supreme Court of Delaware.
Feb 23, 2010.
990 A.2d 417
Michael R. Abram, Law Office of Michael R. Abram, Georgetown, DE, for appellant., Abby Adams, Department of Justice, Georgetown, DE, for appellee.
Steele, Berger, Ridgely.
Cited by 25 opinions  |  Published
STEELE, Chief Justice:

In this appeal, we consider the validity of evidence seized during an administrative search conducted after a probation officer telephonically conferred with his supervisor but failed to complete a tangible, paper copy of a pre-search checklist. Ezra Pen-dleton contends that absent exigent circumstances, probation officers should strictly comply with the Department of Corrections’ guidelines and failure to do so here necessitates a reversal of his Possession with intent to Deliver Cocaine convic[*419] tion. In Fuller v. State, 1 we acknowledged that substantial compliance with departmental guidelines alone — not absolute compliance — sufficiently withstands review of an administrative search. Here, we find substantial compliance. Therefore, we must AFFIRM.

Factual and Procedural Background

On October 7, 2008, Probation Officer Kevin McClure and other members of the Governor’s Task Force convened near Milford, Delaware for a GTF operation. When the activities failed to produce the desired results, McClure decided to conduct curfew checks instead. Using the Department of Corrections automated computer system, McClure searched for probationers in the Milford area. After finding Ezra Pendleton’s name in the DACS system, McClure noted three items of information that he believed to be relevant: (i) Pendleton tested positive for marijuana and cocaine on four previous occasions; [2] (ii) Pendleton was a career criminal; and (iii) Pendleton missed a curfew on or about the 21st of August. [3]

Believing Pendleton’s positive drug screenings to be indicative of consistent drug use, McClure phoned his supervisor, Perry Allfather, seeking approval for an administrative search of Pendleton’s home. Neither McClure nor Allfather prepared a pre-search checklist; instead, they orally analyzed the information McClure had gathered.

Despite the absence of a completed, physical copy of the checklist, Allfather approved the “administrative” search. Upon approval of the search, four GTF members, three probation officers and one Delaware State Police officer, descended on Pendleton’s apartment and collected approximately 3.05 grams of crack cocaine on the kitchen counter, in the kitchen’s trashcan, in a sandwich bag box, and on the floor. Pendleton waived his right to a jury trial. After a stipulated, bench trial, a Superior Court judge denied a motion to suppress the seized evidence and found Pendleton guilty of Possession with intent to Deliver Cocaine. Pendleton now appeals.

Standard of Review

We review a Superior Court judge’s denial of a motion to suppress after an evidentiary hearing for abuse of discretion. [4] Where it is alleged that the Superi- or Court erred in formulating and applying the law to undisputed facts, we exercise de novo review. [5]

Discussion

Title Eleven, Section 4321(d) of the Delaware Code invests authority in probation and parole officers to conduct warrantless searches; however, that power is not absolute. As a restraint, the officer must demonstrate that reasonable suspicion of criminal activity existed before the warrantless search began. In Fuller v. State, 6 we analyzed Griffin v. [*420] Wisconsin [7] and followed its conclusion that when a regulatory scheme requires reasonable grounds for a search, compliance with those regulations is sufficient to render the search reasonable under the Fourth Amendment. [8] In that reaffirmation, we also recognized that probationers’ and parolees’ status curtails their rights; consequently, substantial compliance with departmental regulations is satisfactory evidence of reasonableness in Delaware.

Pendleton acknowledges that our precedent only requires substantial compliance; yet, he contends that unless urgent or exigent circumstances exist, probation officers should strictly adhere to the departmental regulations. In making this contention, Pendleton relies on the Delaware Department of Corrections Bureau of Community Corrections Probation and Parole Procedure No. 7.19, §§ VI.A.6, VI.E which states that absent exigent circumstances, a supervisor must hold a case conference and complete and review a pre-search checklist. Pendleton concedes that a conference occurred, albeit telephonic; yet, he complains that McClure’s failure to complete a physical, paper-copy of the checklist invalidates the October 7, 2008 search and all evidence seized during the search.

In light of our substantial compliance holding in Fuller, we find no merit to Pendleton’s complaint. Essentially, it is nothing other than an attempt to elevate form over substance. Although McClure did not physically check the boxes on the departmental pre-search checklist, he did analyze each of the five factors listed before a search ensued. Pendleton’s positive drug screening satisfies guidelines one and two by indicating to any reasonable person that Pendleton may possess contraband and that he had violated his probation on at least four previous occasions.

Guidelines three and four concern whether a probation officer received corroborated information from an informant. Here, McClure acquired his information through the DACS computer system — rendering guidelines three and four irrelevant. Finally, the fifth guideline questions whether a supervisor, manager, or director approved the search. Pendleton’s own concession that McClure phoned his supervisor, discussed the factors, and obtained permission before searching his home satisfies the final guideline.

McClure’s failure to complete the technical requirements does not negate the importance of his discussion of the five factors with Allfather. Although he did not physically fill out the pre-search checklist, McClure’s conduct fulfills the spirit of the guidelines. In analyzing the factors, rationally assessing the facts known to him, and obtaining supervisory approval, McClure ensured that the Department of Corrections had sufficient grounds before searching Pendleton’s home. [9]

While the search of Pendleton’s home may have been a matter of convenience arising from frustration and not a matter of urgency, we will not invalidate the search because of a technical deficiency. Nevertheless, we must insert a caveat. In discharging their duties as public servants, probation officers are called upon to fulfill several roles — advisor, advocate, enforcement agent. Often, conflicts may arise in the execution of those duties. Indeed, GTF probation officers working in tandem with the police may be more susceptible to[*421] conflicts simply because of the nature of their collaboration and may find themselves placing a greater emphasis on enforcement to the detriment of their other, equally important roles.

We remind all probation officers to pursue the rehabilitation of their probationers as fervently as they pursue compliance, curfew checks, spontaneous searches, and deterrence. Delaware law places the responsibility upon probation officers of reintegrating probationers into society by creating treatment plans to “alleviate [the] conditions which brought about the criminal behavior,” [10] “securing] employment,” [11] and “us[ing] all suitable methods to aid and encourage them to bring about improvement in their conduct and conditions and to meet their probation or parole obligations.” [12] Any neglect of these important responsibilities only denigrates society’s trust and confidence in the corrections system.

Conclusion

The Superior Court properly dismissed Pendleton’s motion to suppress. Sufficient evidence supports his conviction; therefore, we AFFIRM the judgment of the Superior Court.

1

. 844 A.2d 290, 291 (Del.2004).

2

. Pendleton tested positive for drugs on July 8 (marijuana and cocaine), August 12 (marijuana), September 3 (marijuana), and September 23 (marijuana and cocaine).

3

. McClure also recalled an email indicating that Pendleton had previously tested positive for drugs.

4

. Donald v. State, 903 A.2d 315, 318 (Del.2006).

6

. 844 A.2d 290 (Del.2004).

8

. Fuller, 844 A.2d at 292.

9

. See Fuller, 844 A.2d at 292; Culver v. State, 956 A.2d 5, 11 (2008); and King v. State, 984 A.2d 1205, 1209 (2009).

10

. 11 Del. C. § 4321(b)(2).

11

. Id. § 4321(b)(3).

12

. Id.