State v. Cooley

MOORE, Justice:

Pursuant to 10 Del.C. § 9902, 1 the State appeals the pre-trial suppression of intoxim- eter test results which were to be used in the prosecution of John A. Cooley for criminally negligent homicide (11 Del.C. § 631). The State contends that even though Cooley’s initial arrest for driving a vehicle under the influence of intoxicating liquor (21 Del.C. § 4177) violated statutory arrest rules, compliance with those rules is immaterial when the investigation yields evidence amounting to probable cause to later arrest Cooley for homicide. The State then argues that probable cause…