Citing “exceptionally broad” statutory definitions of what constitutes a drug, a Court of Common Pleas judge has ruled that Delaware police officers are not required to identify the specific substances a person may have used in order to establish probable cause for a driving under the influence arrest.
Judge Carl C. Danberg handed down the ruling June 13 on a defendant’s motion to suppress evidence from her June 2015 arrest. The defendant, Diane Leone, had argued the arresting officer, a corporal with the Delaware State Police, lacked sufficient knowledge to determine a crime had occurred after Leone rear-ended a car at a toll on Interstate 95.
