Freddie Flonnory, Defendant Below-Appellant v. State of Delaware, Plaintiff Below-Appellee — Strine, J., Dissenting

Summary

The dissent would affirm the conviction because Delaware's implied-consent statute provides a valid consent exception to the warrant requirement and was not invalidated by the Supreme Court's decision addressing exigent circumstances in drunk-driving blood draws. It reasons that the statute's probable-cause, nonexcessive-force, medical-professional, and judicial-review safeguards satisfied the Fourth Amendment, and that the defendant neither refused nor revoked consent. Justice Strine, dissenting, would have affirmed the Superior Court rather than remanded for an issue the parties had not litigated.