Submitted: April 13, 2017
S. Hartman, Esq. Deputy Attorney General Department of
Justice Attorney for State.
Stephen W. Welsh, Esq. Attorney for Defendant.
DECISION ON DEFENDANT'S MOTION TO
CHARLES W. WELCH JUDGE.
Kimberly Gilbert, has been charged with Driving Under the
Influence of Alcohol ("DUI") in violation of title
21, section 4177(a)(1) of the Delaware Code. Ms. Gilbert has
filed a motion to suppress the evidence obtained as a result
of the execution of a search warrant for a blood draw upon
her on the grounds that the warrant was not supported by
probable cause. The Court held a hearing on the motion on
April 13, 2017, and reserved decision. This opinion
constitutes the Court's decision on the motion. Ms.
Gilbert's motion to suppress is DENIED.
October 12, 2016, at approximately 12:47 a.m., a police
officer from the Delaware State Police Department was on
patrol in the area of Smyrna, Delaware. While patrolling, the
officer observed Ms. Gilbert commit two minor traffic
offenses. The officer thereafter stopped her. Based on the
officer's training and experience, the officer believed
that Ms. Gilbert was under the influence of alcohol. The
officer then obtained a search warrant to extract Ms.
Gilbert's blood to search for the presence of alcohol.
The sole issue in the case is the sufficiency of the
affidavit of probable cause offered by the officer in support
of the search warrant. The pertinent portions of the search
warrant affidavit in this case are stated as follows:
1. I, Tfc. [name omitted], have been employed by the Delaware
State Police since February 2014 and am currently assigned to
Troop 9 Patrol.
2. On Wednesday 10/12/16 at approximately 0047 hours, while
patrolling NB on U.S. 13 S/O West Glenwood Ave, Smyrna, DE, I
observed a gray Chevrolet Malibu traveling NB on U.S. 13 in
the right lane.
3. While behind VI, I observed VI cross over the white dotted
line separating the left and right NB lanes. VI then traveled
back into the right lane and then crossed the right fog line
off of the right side of the roadway.
4. As VI approached a red traffic light, VI stopped at the
traffic light approximately 1 car length away from the same.
VI twas [sic] then placed into park at the stop light.
5. I conducted a traffic stop of VI and made contact with
Sl-Kimberly Gilbert [date omitted]. SI was the sole occupant
6. VI 's eyes were glassy and bloodshot. I detected a
strong odor of alcoholic beverages on the breath of S1.
7. SI stated that she refused to submit to any field sobriety
tests, as well as a breath test. Si's speech was ...