State v. Brady
140, 2016
| Del. | Dec 5, 2016Background
- On Sept. 3, 2015, officers stopped Dimaere Brady (on probation, no valid license) and found 39 bags of heroin and $903 while he was driving a Chrysler registered to his girlfriend. Brady said he sometimes transported heroin for others.
- On Sept. 24, 2015, officers on patrol observed Brady out past his 7:00 p.m. probation curfew; he claimed he was going to a store for his grandmother but was located beyond the store.
- Brady resisted arrest, was handcuffed, and officers found $781, a house key, and a vehicle key on his person.
- Officers linked the key to a maroon 2006 Hyundai Sonata registered to Brady’s girlfriend, sought and obtained supervisory approval to conduct an administrative search under probation procedures, and searched the Hyundai.
- The search uncovered a .30 caliber rifle, three magazines, and ammunition. Brady was charged with weapons offenses; he moved to suppress the evidence from the Hyundai, and the Superior Court granted the motion.
- The State appealed, arguing the Superior Court erred by not giving proper weight to the totality of circumstances supporting reasonable suspicion for an administrative search of the vehicle.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to conduct an administrative search of the Hyundai under probation authority | Brady: officers lacked reasonable suspicion linking him to contraband in the Hyundai; only tenuous connections existed | State: officers had specific, articulable facts (recent heroin possession, large cash, vehicle key, curfew violation, suspicious statements) that, viewed in totality, supported reasonable suspicion | Reversed Superior Court; search justified under totality-of-circumstances reasonable-suspicion standard |
Key Cases Cited
- Rivera v. State, 7 A.3d 961 (Del. 2010) (standard of review for motions to suppress)
- Murray v. State, 45 A.3d 670 (Del. 2012) (probationer searches require reasonable suspicion)
- Coleman v. State, 562 A.2d 1171 (Del. 1989) (reasonable suspicion defined by specific and articulable facts)
- Jones v. State, 745 A.2d 856 (Del. 1999) (totality-of-the-circumstances analysis for reasonable suspicion)
- Sierra v. State, 958 A.2d 825 (Del. 2008) (probation search pre‑search checklist factors and DOC Procedure No. 7.19)