Superior Court of Delaware

Defendant's motion to suppress blood evidence drawn by hospital staff following a fatal automobile collision is denied in a prosecution for second degree murder, DUI, and a related charge where a police officer's inquiry to a nurse did not constitute a Fourth Amendment search, the hospital's drawing of blood was not state action, and an affidavit contained sufficient probable cause for a warrant even if challenged information were excluded. Additionally, no privacy interest of defendant was implicated with respect to the medical tests at issue.

Appellate Information

• Decided 05/01/2006
• Published 06/14/2006

Judges

Court

• Superior Court of Delaware

Counsel