State v. DiStefano

OPINION

GOLDBERG, J.

This case came before the Court pursuant to three questions certified from the Superior Court in accordance with G.L. 1956 § 9-24-27. The Superior Court asks us to consider for the first time whether G.L.1956 § 31-27-2(e) should be interpreted to preclude, for violations of § 31-27-2.2 (driving under the influence, death resulting), the admission at trial of the results of breath, blood or urine tests when the samples were seized without the defendant’s consent, but pursuant to a search warrant issued by a justice of the Superior Court.

FACTS AND PROCEDURAL HISTORY

The…