State v. Bennefield
1605014763
Del. Super. Ct.Sep 30, 2016Background
- On May 20, 2016, Bennefield was involved in a single-vehicle rollover in Blades, DE; three people were in the car but the warrant affidavit did not identify the other occupants.
- Trooper Bonniwell arrived shortly after the crash and found Bennefield walking around the vehicle and claiming they swerved to avoid an animal.
- Trooper observed signs of intoxication: odor of alcohol, bloodshot eyes, aggressive behavior; Bennefield failed HGN and refused a portable breath test; several alcoholic drinks were found in the vehicle.
- Trooper noted no evidence of an animal and that vehicle damage was inconsistent with striking one.
- Trooper obtained a warrant for a blood draw to measure BAC. Bennefield moved to suppress, conceding probable cause of intoxication but arguing lack of probable cause that he was the driver/ in actual physical control.
- The court reviewed the magistrate’s probable-cause finding under the totality-of-the-circumstances standard and denied the suppression motion on September 30, 2016.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to obtain warrant for blood draw (intoxication) | Affidavit established intoxication via odor, bloodshot eyes, failed HGN, PBT refusal, alcohol in vehicle | Concedes probable cause of intoxication (no dispute) | Held: Sufficient—totality of facts support probable cause for blood draw |
| Probable cause that Bennefield was driving/ had actual physical control | Prosecution: proximity to vehicle, statement about swerving to avoid animal, and other circumstances support reasonable inference he was driver | Bennefield: affidavit failed to show he was the driver; other occupants could have been driving | Held: Sufficient—magistrate could reasonably infer Bennefield was driving; omission of other occupants did not defeat probable cause |
Key Cases Cited
- Rybicki v. State, 119 A.3d 663 (Del. 2015) (articulates magistrate-deference and totality-of-the-circumstances standard for probable cause in warrant affidavits)
- Bease v. State, 884 A.2d 495 (Del. 2005) (traffic violation plus multiple signs of intoxication can suffice for probable cause)
- State v. Maxwell, 624 A.2d 926 (Del. 1993) (single-vehicle collision plus indicia of drinking supported probable cause)
- Jarvis v. State, 600 A.2d 38 (Del. 1991) (affidavit need not rule out innocent explanations to support probable cause)