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State v. Bennett

Superior Court of Delaware, Kent

August 15, 2018

STATE OF DELAWARE,
v.
CARL L. BENNETT, Defendant.

          Submitted: August 1, 2018

         Upon Defendant's Motion to Suppress. Denied in part, Granted in part.

          Stephen E. Smith, Esquire

          Zachary A. George, Esquire

          ORDER

          Hon. William L. Witham, Jr. Resident Judge.

         Upon consideration of Carl L. Bennett's ("Defendant") Motion to Suppress and the State's Response in opposition, it appears that:

         1. On 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 County, Delaware.

         2. Upon arrival at the scene, the officers observed a single vehicle located in the ditch, with two men sitting near it.

         3. The officers contacted the two men, verifying their identities as Defendant and Paul Yuskiewicz, before the officers began questioning the men regarding what occurred.

         4. The 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.

         5. 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."

         6. Having complained that he was injured, Defendant was transported to the hospital by an ambulance. The officers did not accompany him in the ambulance.

         7. While Defendant was being treated at the hospital, Trooper Ciglinsky obtained a warrant to search Defendant's blood.

         8. Thereafter, Trooper Ciglinsky contacted Defendant at the hospital. Defendant made additional incriminating statements prior to having his blood drawn.

         9. Finally, as soon as the blood draw finished, Defendant was arrested for ...


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