Legal Opinion

McCann v. State

Supreme Court of Delaware

Decided March 22, 1991PublishedCited by 12 opinions

1Opinion of the Court

MOORE, Justice.

The appellant, Jeffrey E. McCann (“McCann”), was arrested for driving under the influence of alcohol (“DUI”). Following his arrest, McCann was forced to submit to a blood alcohol test after police subdued him by use of a “stun” gun. 1 McCann, moved to suppress this evidence, contending that the blood sample taken from his body was drawn illegally and in violation of his constitutional rights. After an evidentiary hearing, the trial judge denied McCann’s motion, and the jury found McCann guilty of DUI.

McCann’s appeal presents two issues: (1) whether the Superior Court abused its…

2Cases cited7 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Winston v. LeeSupreme Court of the United States · 1985
  3. State v. RooksSupreme Court of Delaware · 1979
  4. Carleton v. Superior CourtCalifornia Court of Appeal · 1985
  5. State v. LanierSouth Dakota Supreme Court · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. JohnstonCourt of Criminal Appeals of Texas · 2011
  2. Seth v. StateSupreme Court of Delaware · 1991
  3. State v. TackettOhio Court of Appeals · 2013
  4. (2002), Maryland Attorney General Reports2002
  5. Flonnory v. StateSupreme Court of Delaware · 2015

7 more not listed; retrieve them via the Exa API.

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