Supreme Court of Delaware

Freddie Flonnory, Defendant Below-Appellant v. State of Delaware, Plaintiff Below-Appellee

January 28, 20152015 Del. LEXIS 51

Summary

The court held that a warrantless blood draw is not exempt from Fourth Amendment scrutiny merely because Delaware's implied-consent statute applies. When the State relies on consent rather than a warrant or exigent circumstances, the trial court must determine voluntariness under the totality of the circumstances, so the case was remanded for that analysis. Chief Justice Strine, dissenting, would have affirmed because he believed the implied-consent statute remained constitutionally valid and controlled the result.