Wallace v. State
2012 Del. LEXIS 662
| Del. | 2012Background
- Wallace appeals denials of his suppression motion after police conducted a probation and parole home-visit compliance check at 79 Chaucer Drive.
- The Governor’s Task Force, including P.O. Graham, P.O. Kelly, and officers, performed the check as part of Procedure 7.3 to address Wallace and co-defendant Garcia.
- Wallace faced a No Contact Order due to an Offensive Touching charge; the residence was Wallace and Garcia’s listed address in the DELJIS system.
- During the Walk-Through, Graham entered the home and observed contraband in plain view, triggering an administrative search under Procedure 7.19.
- Administrative searches yielded drugs, a firearm, and cash; the car search yielded more cocaine and a handgun; Wallace was charged and later convicted after suppression was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of entry consent to enter the residence | Wallace contends entry lacked valid consent | State asserts Garcia consented to entry as co-resident/agent | Confirmed valid consent to enter by Garcia and lawful Walk-Through under Procedure 7.3 |
| Authority to search under probation terms and procedures | Searches require reasonable suspicion or warrants | Consent and procedure permit searches under 7.3 and 7.19 | Reasonable suspicion supported Walk-Through and administrative search under Knights and related precedents |
| Plain-view observation justifying administrative search | Plain-view observation could justify subsequent search | Plain-view discovery followed a lawful Walk-Through | Plain-view observation provided reasonable grounds for Procedure 7.19 search (administrative) and seizure |
| Constitutional scope and suppression standard | Challenge to Fourth Amendment applicability of probation searches | Probation conditions authorize searches; procedures complied | Supreme Court and Delaware cases support admissibility; suppression denied |
Key Cases Cited
- United States v. Knights, 534 U.S. 112 (U.S. 2001) (probation search condition allows reasonable-suspicion searches)
- Murray v. State, 45 A.3d 670 (Del.2012) (probation searches justified by reasonable grounds)
- Cooke v. State, 977 A.2d 803 (Del.2009) (consent/search standards for probation contexts)
- Pendleton v. State, 990 A.2d 417 (Del.2010) (Delaware probation search considerations)
- Siena v. State, 958 A.2d 825 (Del.2008) (Delaware probation/search framework)
- Fuller v. State, 844 A.2d 290 (Del.2004) (probation-related search principles)