{"id":2351,"date":"2008-12-24T06:35:06","date_gmt":"2008-08-10T09:13:57","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-08-10T09:13:57","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2351","title":{"rendered":"DE: Probation officers must independently evaluate information from police before residence search"},"content":{"rendered":"

When probation officers receive information from police about a probation violation, they must independently assess whether there is cause for a residence search; they cannot defer that judgment to the police. Culver v. State<\/a>, 956 A.2d 5 (Del. 2008):<\/p>\n

A majority agree that 7.19 requires probation officers 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. In this case, the probation officers accepted, without conducting any independent analysis, and relied on information police received from an anonymous caller whose “tip” made it clear the caller had no personal information about Culver consistent with illicit drug activity. Had probation officers independently analyzed the information consistent with their own agency’s regulations, they would have concluded that no reasonable suspicion existed to search Culver or his dwelling. We therefore hold that probation officers unlawfully searched Culver’s dwelling and that the fruits of that unlawful search must be suppressed. To hold otherwise would render 10 Del. C. \u00a7 4321 and the regulations promulgated under it meaningless. The Superior Court’s denial of Culver’s motion to suppress is REVERSED, his conviction is VACATED and the case is REMANDED for action consistent with this Opinion. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2351","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2351","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2351"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2351\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2351"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2351"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2351"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}