Opinion
I.D. No.: 1309013169
02-27-2014
RE: State v. Amber Sheridan
Judge
TIME SENSITIVE
Brenna A. Dolphin, Esquire (via Facsimile)
Deputy Attorney General
Department of Justice
820 N. French Street
Wilmington, DE 19801
Kevin J. O'Connell, Esquire (via Facsimile)
Assistant Public Defender
820 N. French Street
Wilmington, DE 19801
Counsel:
The Court has reviewed the memoranda relating to Defendant's Motion to Suppress, which is scheduled for argument tomorrow, February 28, 2014, at 2:00 pm. As Defendant's motion correctly points out, the "narrow issue before [the] Court is whether the administrative warrant obtained by [Officer DuPont of] Probation and Parole, as opposed to a search warrant," violates the Fourth Amendment because Defendant was not a probationer and did not otherwise reside with a probationer.
Unless the State can offer some case law indicating a warrantless administrative search of a non-probationer's home, where no probationer resides, is constitutional, the Court will cancel tomorrow's argument and rule on the papers based upon the undisputed facts.
IT IS SO ORDERED.
Yours very truly,
Jan R. Jurden
Judge
JRJ:mls cc: Prothonotary