Edge v. State ( 2018 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
DENNIS EDGE, §
§ No. 501, 2017
Defendant-Below, §
Appellant, § Court Below: Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. S1401016283
STATE OF DELAWARE, §
§
Plaintiff-Below, §
Appellee. §
Submitted: August 22, 2018
Decided: September 5, 2018
Before STRINE, Chief Justice; VAUGHN, and SEITZ, Justices.
ORDER
This 5th day of September, 2018, having considered the briefs and the record
below, it appears to the Court that:
(1) Dennis Edge was on probation for a drug-related conviction when the
police searched his home and found drug paraphernalia used to make
methamphetamine. The court refused to wait until after his new criminal charges
were resolved to hold a violation of probation hearing. At the hearing, Edge’s
attorney admitted that Edge violated his probation, but also argued that the court
should suppress evidence found after a search of his home. The court refused to
consider the defendant’s suppression argument, ruling that the exclusionary rule did
not apply to evidence introduced at violation of probation hearings. As part of his
sentencing decision, the court considered the evidence of illegal drug manufacturing
found in Edge’s home and sentenced him to seven months’ incarceration followed
by probation.
(2) On appeal, Edge argues that the exclusionary rule should apply in
probation hearings because the Delaware Constitution affords greater protection
than the Fourth Amendment to the United States Constitution.1 We need not,
however, reach the state constitutional issue to decide this appeal. Edge admitted
that he violated his probation when he was discharged from an aftercare program.2
He also tested positive for amphetamines while on probation.3 Thus, there were
sufficient grounds independent of the evidence subject to the suppression motion for
the Superior Court to find a violation of probation. Having found a violation of
probation, the Superior Court judge was entitled to rely on the evidence presented at
1
This Court recently decided in Thompson v. State, 2018 WL 3544376, at *5 (Del. July 24, 2018)
that the U.S. Constitution does not require the exclusionary rule in violation of probation
proceedings.
2
App. to Opening Br. at 25 (Contested VOP Tr., at 3) (“Mr. Edge is prepared to admit to violating
his second condition that he got kicked out of the Aftercare program so he would be in violation
of probation.”); Id. at 50 (“But what is the purpose of my asking him questions if my client already
admitted the violation?”).
3
See App. to Answering Br. at 22 (Sentence Order Special Conditions, Edge, No. 1401016283, at
2 (Del. Super. Mar. 12, 2018)) (“Zero tolerance drugs and alcohol.”); Id. at 52 (“I was able to
establish that Mr. Edge in the past tested positive methamphetamine.”).
2
the hearing when sentencing the defendant.4 We therefore affirm the Superior
Court’s judgment.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice
4
Lopez v. State, 99 A.3d 227, 2014 WL 2927347, at *3 (Del. June 25, 2014) (TABLE) (“[T]his
Court has repeatedly held that the formal rules of evidence are inapplicable to a VOP hearing.”);
Vanderhoeven v. State, 976 A.2d 172 (Del. 2009) (“Delaware law provides that a sentencing judge
has broad discretion to consider ‘information pertaining to a defendant’s personal history and
behavior.’” (quoting Mayes v. State, 604 A.2d 839, 842 (Del. 1992))).
3