Laphen v. State

In Laphen v. State, Del. CCP Cr. A. No. 96-05-007101, DiSabatino, C.J. (December 23, 1996) the Court ruled as follows: ". . . unlike Miranda warnings, however, the police are not required to advise the suspect that he or she may refuse to perform field tests. All that is required is that the police request, rather than demand, that the suspect submit to the field tests. Where a suspect expresses reluctance to comply with such a request, it is likewise inappropriate for the police to suggest that the suspect will be penalized for refusal."