Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Gilbert

Court of Common Pleas of Delaware, Kent

May 15, 2017

STATE OF DELAWARE
v.
KIMBERLY GILBERT Defendant.

          Submitted: April 13, 2017

          Nicole 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 SUPPRESS

          CHARLES W. WELCH JUDGE.

         Defendant, 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.

         FACTS

         On 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 of VI.
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.