Submitted: August 1, 2018
Defendant's Motion to Suppress. Denied in part, Granted
Stephen E. Smith, Esquire
Zachary A. George, Esquire
William L. Witham, Jr. Resident Judge.
consideration of Carl L. Bennett's
("Defendant") Motion to Suppress and the
State's Response in opposition, it appears that:
February 6, 2018, two Delaware State Police officers,
Corporal Nicholas J. Ciglinsky and Sergeant Justiniano
(hereinafter "officers") responded to a report that
a vehicle had driven into a ditch near Buffalo Road and
Barratts Chapel Road, in the area of Frederica in Kent
arrival at the scene, the officers observed a single vehicle
located in the ditch, with two men sitting near it.
officers contacted the two men, verifying their identities as
Defendant and Paul Yuskiewicz, before the officers began
questioning the men regarding what occurred.
officers also identified the vehicle as belonging to
Defendant's wife. The officers searched the vehicle,
prior to having it towed, whereby they found beer cans and a
cell phone that reportedly belonged to Defendant.
During this time, Defendant made several incriminating
statements to one of the officers, Trooper Ciglinsky, but
refused any sobriety tests. He furthermore informed Trooper
Ciglinsky that he "hurt all over."
Having complained that he was injured, Defendant was
transported to the hospital by an ambulance. The officers did
not accompany him in the ambulance.
While Defendant was being treated at the hospital, Trooper
Ciglinsky obtained a warrant to search Defendant's blood.
Thereafter, Trooper Ciglinsky contacted Defendant at the
hospital. Defendant made additional incriminating statements
prior to having his blood drawn.
Finally, as soon as the blood draw finished, Defendant was
arrested for ...