State v. Kearstan, N.J. Super. App. Div. Defendant appealed his DWI conviction. Defendant arrived at the marital home with damage to his car and a missing mirror. His wife called 911, reported he was in the basement, had an alcohol issue and was intoxicated. Officer went to the house to conduct a welfare check, wife invited officer into the house and officer saw defendant staggering, having difficulty pulling up his pants and smelling of alcohol. Officer noted defendant needed assistance to simply stand up. Officer and defendant went outside to talk away from the children and officer noticed defendant's bloodshot eyes and slurred speech. Defendant admitted to having several drinks. Officer administered field sobriety tests, arrested defendant and a blood draw showed a BAC of 0.29 percent.
Defendant moved to suppress the blood alcohol test and his incriminating statements. Trial court denied the suppression motion, finding wife invited officer into the home, the warrantless entry was justified under the community-caretaker and emergency-aid doctrines and the questioning was similar to a preliminary roadside drunk driving investigation.
Defendant argued removing him from his home was improper and his inculpatory statements were obtained in violation of the Fourth Amendment. The Appellate Court agreed with trial court that officer lawfully entered the house at wife's invitation and defendant's incriminating responses were the result of a proper investigatory interrogation.
Source https://www.law.com/njlawjournal/almID/1569032182NJA586717T/
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