Defendant was involved in an auto accident and treated at a hospital where his blood was drawn. The state’s attorney sought the test results by subpoena not search warrant, and the court finds this reasonable. This is not a case where the state is compelling the blood draw where a search warrant would be required. The blood draw already occurred for a medical reason, and, while there is a reasonable expectation of privacy in medical records, it is adequately preserved under these facts. State v. Hartmetz, 2016 Del. Super. LEXIS 323 (July 6, 2016).
The local SPCA had statewide statutory authority to apply for search warrants involving animal abuse, and that’s not a Fourth Amendment issue anyway under Virginia v. Moore. The search here was of a piece of property that straddled the Delaware-Pennsylvania border, but the record shows the house and garage in Delaware. Pennsylvania authorities were present too, just in case. The state constitutional argument was not presented to the court of common pleas and is waived. Kelsch v. State, 2016 Del. Super. LEXIS 305 (July 12, 2016).*