Bradley v. State

51 A.3d 423, 2012 WL 3860605, 2012 Del. LEXIS 475
CourtSupreme Court of Delaware
DecidedSeptember 6, 2012
DocketNo. 476, 2011
StatusPublished
Cited by22 cases

This text of 51 A.3d 423 (Bradley v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. State, 51 A.3d 423, 2012 WL 3860605, 2012 Del. LEXIS 475 (Del. 2012).

Opinion

RIDGELY, Justice:

Defendant-Appellant Earl Bradley, a former pediatrician, was found guilty of fourteen counts of Rape in the First Degree, five counts of Assault in the Second Degree, and five counts of Sexual Exploitation of a Child for acts of sexual and physical abuse committed against children. Bradley was sentenced to fourteen mandatory life sentences and 164 years at Level V imprisonment for these crimes.

At trial, the State presented video evidence of Bradley committing sexual assaults against children, almost all of whom were identified as his patients. Bradley made these videos himself. This evidence was collected during the execution of a search warrant at Bradley’s medical practice, BayBees Pediatrics. The warrant authorized the search and seizure of paper and computer files, including medical files, relating to the treatment and care of certain patients who had reported improper touching and vaginal examinations by Bradley to their parents and the police. The warrant also authorized the search and seizure of video and photographs of the location of BayBees Pediatrics.

Bradley raises two claims in this appeal, both relating to the Superior Court’s denial of his motion to suppress evidence seized during the execution of that warrant. Bradley argues that the warrant itself was defective because the affidavit in support of the search warrant application did not allege facts establishing probable cause that the patients’ medical files would be found in a white outbuilding on the BayBees Pediatrics property, would be contained in digital format, or would relate to the crimes described in the search warrant application. Bradley also contends that the police exceeded the scope of the search warrant by proceeding with a general search to locate and seize evidence without probable cause.

We hold that the issuing judge had sufficient facts before him to make a practical, common-sense determination that evidence pertaining to the commission of a crime or crimes could be found in the patients’ medical files, whether in paper or digital format. We also hold that it was objectively reasonable to conclude that Bradley used the white outbuilding identified in the warrant for medical examinations, and that patient files could be found there.

We further hold that the police acted reasonably in executing the warrant with respect to the evidence that was introduced at Bradley’s trial. This was not a general, exploratory search prohibited by the United States and the Delaware Constitutions. The police properly searched the white outbuilding identified in the warrant and the main office building for patient “files,” whether in digital or paper format. When a detective encountered a depiction of crimes potentially outside the warrant’s scope, he immediately stopped his review and applied for another search warrant, which was issued before any further search was conducted. Accordingly, we conclude that Bradley’s claims lack merit and affirm.

[428]*428 Facts and Procedural History

In December 2009, a mother informed a retired Delaware State Police detective of her young daughter’s statement that Bradley, the child’s pediatrician, had touched her vaginal area in the basement of his office during a routine medical visit. The retired detective informed Detective Thomas Elliott, who sat in on an interview of the child by the Child Advocacy Center. During the interview, the child repeated that Bradley had touched her in that manner.

The Delaware State Police had received prior complaints in 2008 concerning Bradley. Detective Elliott and another officer had sought a search warrant to search BayBees Pediatrics for evidence of child pornography, but that application was denied. One of the 2008 complaints involved a twelve-year-old female who visited Bradley regarding a sore throat and possible pink eye. Bradley conducted a full vaginal examination on her for several minutes. When the girl left, she started crying and told her mother that she felt dirty about the incident. Another case involved a six-year-old girl who visited Bradley for Attention Deficit Disorder. Bradley had the child take her clothes off, and attempted to perform a vaginal examination on her. Finally, a seven-year-old girl visited Bradley for excessive urination. He performed two vaginal examinations on her, with the girl draped so that her mother could not see what was occurring. Detective Elliott also learned of a 2005 investigation into Bradley’s conduct by the Milford Police Department.

Based on the prior complaints against Bradley, the December 2009 complaint, and additional investigation, police applied for a new search warrant from the Superi- or Court. This December 15, 2009 search warrant application stated, in relevant part:

ITEMS TO BE SEARCHED FOR AND SEIZED
1. Files to include medical files relating to the treatment and care of listed children, to include paper files, as well as computer files in regards to Child 1, 2, 3, 4, 5, 6, 7, and 8 and any other alleged Victims that come forward from the time the search warrant is signed, until it is executed.
2. Video and photographs of the below listed location.
SPECIFIC DESCRIPTION OF PREMISES AND / OR PLACE(S) AND / OR VEHICLE(S) AND / OR PERSON(S) TO BE SEARCHED:
A two story residence style building, white in color, located at 18259 Coastal Highway, Lewes, DE. 19958. There is a yellow Volk[s]wagon, with BayBees Pediatrics displayed on the car. There are signs at the front of the building that display “BayBees Pediatrics[”] and [“] Earl B. Bradley[”] on the signs.
NAME OF OWNER(S), OCCUPANT®) OR POSSESSOR(S) OF PREMISES AND/OR PLACE(S) AND/OR VEHICLE(S) AND/OR PERSON®) TO BE SEARCHED:
Earl B. Bradley (DOB-05/10/53), a white male. BayBees Pediatrics, 18259 Coastal Highway, to include a white outbuilding, located on the property.

In the supporting affidavit of probable cause, Detective Elliott described reports of inappropriate touching and examinations of eight girls between the ages of approximately three years old and twelve years old. The reports included statements that Bradley kissed patients on the mouth, touched their vaginal areas without apparent medical reason, or carried them [429]*429around the office excessively. The affidavit also included accounts from former colleagues of Bradley that patients had transferred from Bradley to them because Bradley conducted inappropriate vaginal examinations, separated children from their parents for long periods of time, or forced children to undress.

The affidavit also recounted a statement from a former employee that Bradley had installed surveillance cameras throughout his current office, and that Bradley could access those cameras from his home. According to a former colleague, Bradley took digital pictures of patients and manipulated the pictures on his computer.

In describing the patient complaints, the affidavit referred to the main building and to an “outbuilding” behind Bradley’s office:

During an interview with the father of the child he advised when he was at the office on 10/28/09, he observed Dr. Bradley carrying a patient to an outbuilding located behind the office.

Detective Elliott represented that he had corroborated the address of the BayBees Pediatrics, and the existence of an outbuilding on the property.

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Cite This Page — Counsel Stack

Bluebook (online)
51 A.3d 423, 2012 WL 3860605, 2012 Del. LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-state-del-2012.