Summary
This Delaware Supreme Court opinion addresses whether a warrantless administrative search of a juvenile probationer’s home violated agency policy and constitutional protections against unreasonable searches. The Court found that Youth Rehabilitation Services officers failed to substantially comply with the required parental notice and presence provision before searching the residence. Consequently, the Court held the firearm discovered during the search was inadmissible and vacated the Family Court’s delinquency adjudication.
Topics
Practice areas
Questions Presented
- Whether the State proved substantial compliance with the Youth Rehabilitation Services policy governing an administrative search of a juvenile probationer's home.
- Whether the emergency doctrine excused compliance with the policy's parental-notice and parental-presence requirements.
- Whether the firearm obtained during the search should have been suppressed, requiring reversal or vacation of the delinquency adjudication.
Holdings
- Substantial, rather than perfect, compliance with the applicable Youth Rehabilitation Services policy satisfies 11 Del. C. § 4321(f) and the reasonableness requirements of the United States and Delaware Constitutions, but the State bears the burden of proving such compliance. The State failed to meet that burden because officers began searching Sharp's home before contacting a parent or guardian, contrary to the policy's parental-notice and presence provision.
- The State failed to prove that an emergency justified disregarding the policy. Any emergency ended once the officers entered the house, handcuffed the juveniles, and secured the residence; the officers then had to attempt compliance with the policy before searching.
- The firearm was the product of an unlawful administrative search and should have been suppressed. The Family Court's delinquency adjudication therefore had to be vacated.
Key quotations
“We agree with the State that substantial compliance, not perfect compliance, is required with the 2010 Policy. But here, the State disregarded the 2010 Policy’s parental notice and presence provision before starting the search because it disagreed with the 2010 Policy.” (at 9)
“The firearm was the result of an unlawful administrative search of Sharp’s house. The handgun should have been suppressed.” (at 11)
Factual background
A detective observed Sharp, a juvenile on probation, carrying what appeared to be an extended firearm magazine attached to a handgun and saw him enter a nearby residence. Juvenile probation officers then went to the residence, took Sharp and another juvenile into custody, entered the home, and began searching before contacting Sharp's mother or grandmother. The officers found a handgun and magazines in the home. The applicable 2010 Youth Rehabilitation Services policy required, when the person with primary control of the residence was absent, that a parent or guardian be contacted and present during the search unless the client was over eighteen and living independently.
Procedural history
Police and juvenile probation officers searched Sharp's home after observing what appeared to be a firearm in his clothing. The Family Court denied Sharp's suppression motion, finding substantial compliance with the Youth Rehabilitation Services administrative-search policy and rejecting the emergency exception. After a delinquency adjudication and sentence of twelve months at Ferris School followed by aftercare supervision, Sharp appealed. The Delaware Supreme Court held that the State failed to prove substantial compliance with the policy and vacated the adjudication.
Remand instructions
The Family Court's adjudication of delinquency was vacated. The opinion does not state additional remand instructions.