State v. Iubatti
1702006809
| Del. Super. Ct. | Aug 7, 2017Background
- On Jan. 14, 2017 Dover police found Angela Iubatti slumped/nodding in a running car after a report of an apparently impaired woman. Officers approached believing she matched the report.
- On contact Iubatti appeared disoriented about her location, had bloodshot/glassy eyes with dilated pupils, and slurred/slow speech; she said she was simply tired.
- Officer Mitchell administered several field sobriety tasks: finger dexterity and alphabet (passed), counting backwards (failed), HGN (passed), walk-and-turn (WAT) and one-leg stand (OLS) (both allegedly failed).
- Iubatti informed officers she had arthritis before WAT/OLS. The court found the surface for those tests was not level and that administering them despite her arthritis did not follow NHTSA standards.
- A blood-warrant was obtained; blood test detected cocaine. Iubatti moved to suppress evidence, arguing lack of probable cause and improper administration of some tests.
- The court denied the suppression motion, finding probable cause based on confusion about location, nodding off, ocular signs, slurred speech, and the failed counting test, but discounted WAT/OLS results due to arthritis and surface issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to arrest and obtain blood | State: totality of observations (eyes, speech, confusion, failed counting, some failed FSTs) supports probable cause | Iubatti: counting test is nonstandard; WAT/OLS were unreliable because of arthritis and improper administration; no probable cause for blood draw | Held: Probable cause exists based on nodding off, confusion, bloodshot/glassy eyes, enlarged pupils, irregular speech, and failed counting test; WAT/OLS results given no weight |
| Whether WAT/OLS test results may be relied on | State: results support probable cause | Iubatti: arthritis and uneven surface rendered tests unreliable | Held: WAT/OLS excluded from analysis due to defendant's arthritis and nonlevel surface (NHTSA standards not followed) |
| Whether mixed/successful FSTs negate probable cause | State: mixed results do not extinguish probable cause if other factors suffice | Iubatti: passed some tests (finger dexterity, HGN) undermines probable cause | Held: Success on some tests does not vitiate probable cause when sufficient other indicators exist |
| Admissibility of blood evidence obtained after warrant | State: warrant lawfully obtained based on probable cause | Iubatti: arrest and test lacked probable cause, so blood should be suppressed | Held: Blood draw admissible because probable cause supported warrant request |
Key Cases Cited
- Bease v. State, 884 A.2d 495 (Del. 2005) (field sobriety performance and personal appearance are factors for probable cause)
- Clendaniel v. Voshell, 562 A.2d 1167 (Del. 1989) (probable cause standard for DUI arrest)
- State v. Maxwell, 624 A.2d 926 (Del. 1993) (totality-of-circumstances approach to probable cause)
- Lefebvre v. State, 19 A.3d 287 (Del. 2011) (ocular/ speech observations as indicators of impairment)
- Perrera v. State, 852 A.2d 908 (Del. 2004) (mixed field sobriety results do not extinguish probable cause if other factors suffice)
- Miller v. State, 4 A.3d 371 (Del. 2010) (court may not consider FST results when officer fails to testify about NHTSA standards or compliance)