ACLU Civil Liberties Union of Delaware
Defending Individual Rights and Personal Freedom
Criminal Justice
Burks, et. al. v. New Castle County, et al.: Warrantless Sweeps of Low-Income Housing Complex
New Castle County police officers conducted warrantless searches of the homes of several low-income residents in the housing development of Lexington Green, located in New Castle County. This unreasonable search was conducted in the early morning hours while the residents were still in their nightclothes. The incident illustrates a disturbing trend of “law enforcement sweeps” of low income housing, in which officers use minor traffic and/or criminal charges as a means of harassment and as a pretext to search for evidence of unrelated – and merely suspected – criminal activity.
The case was settled out of court in July 2005.
Delaware v. Teeter: Public Shaming Sentence Withdrawn in ACLU-DE Case!
On April 19, 2007, the Superior Court of the State of Delaware modified the sentence of Russell Teeter, who had been required to wear a t-shirt for two years announcing “I am a Registered Sex Offender.” Mr. Teeter pleaded guilty in July 2006 to two counts of indecent exposure, and was sentenced to 60 days in prison. On February 23, 2007, the ACLU of Delaware filed an amicus brief, along with the Delaware Association of Criminal Defense Attorneys (DACDL), opposing the use of “scarlet letter” public shaming sentences in Delaware, in support of Teeter's sentence modification petition.
We argued that the probation condition requiring the probationer to wear a t-shirt announcing his conviction violates his First Amendment right to be free from government-compelled speech, as well as his Eighth Amendment right to be free from cruel and unusual punishment. We also argued that the probation condition violated the principle of separation of powers because the sentence was not authorized by the Legislature.
Attorneys for Mr. Teeter were John Deckers and Arlen Mekler. Attorneys for the ALCU and DACDL were Julia Graff and Nicole Walker, respectively.
Attorneys for the ALCU and DACDL were Julia Graff and Nicole Walker, respectively. John Deckers and Arlen Mekler represented the defendant.