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State v. Ricci10/20/1999
Portsmouth District Court
The defendant, Robert A. Ricci, Jr., appeals his conviction for driving under the influence , see RSA 265:82 (Supp. 1998), arguing that the Portsmouth District Court (Giles, J.) erred in denying his motion to suppress evidence obtained from a warrantless entry into his home. We affirm.
Because no separate evidentiary hearing was held on the suppression motion, we recite the facts adduced at trial viewed in the light most favorable to the State. On the night of July 10, 1997, Officers Ferland and Russo of the Portsmouth Police Department were standing patrol in downtown Portsmouth. Around ten o'clock, the defendant, who is a police commissioner for the City of Portsmouth, and his girlfriend walked within a few feet of the officers, and the defendant greeted them. The officers noticed the defendant's staggered walk, glassy-eyed stare, and bloodshot eyes. They also detected an odor of alcohol and believed that the defendant was intoxicated. A few minutes later, the officers parted company. As Officer Russo was traveling on his police motorcycle, he saw the defendant entering a car in a nearby parking lot. Shortly thereafter, Officer Ferland drove by in his cruiser and saw the defendant behind the wheel of a car exiting the lot. Concerned about the defendant's apparent intoxication, Officer Ferland followed behind and was soon joined by Officer Russo. The defendant took a right turn without using a directional, drove through a crosswalk without yielding to pedestrians, wove between two travel lanes, and at times, traveled fifteen to thirty-five miles per hour above the posted speed limit. Officer Ferland radioed for assistance to stop the defendant's vehicle. Officer McQuate responded, and two of the three police vehicles then following the defendant activated their blue lights and sirens. The defendant, however, did not pull over. Upon seeing the lights, he indicated to his girlfriend, a passenger in the car, that he did not intend to stop until he arrived at his home, which was located approximately three-tenths of a mile away.
Once home, the defendant pulled into his driveway. McQuate brought his cruiser to a stop behind the defendant's car and immediately began walking toward it. The cruiser's headlights remained illuminated, and when the defendant alighted, McQuate noticed his flushed face, bloodshot and watery eyes, and swaying stance, and detected an odor of alcohol. He repeatedly directed the defendant to come to the front of the cruiser, but the defendant insisted that he needed to let his dog, which was tied up and barking, into the house. McQuate acquiesced but instructed him to return immediately. After the defendant let the dog inside, he quickly followed. McQuate immediately proceeded after him, ordering him to return to the cruiser. Once in the house, McQuate instructed the defendant to go outside for a field sobriety test. The defendant refused, saying: "I'm in my own house now. I'm not going to do anything." McQuate arrested the defendant for driving under the influence of alcohol. The defendant's blood test revealed an alcohol content of .16, twice the legal limit. See RSA 265:82, I(b).
The defendant was charged with two alternate counts of driving under the influence of alcohol and one count of disobeying a police officer. After a bench trial, the district court denied the defendant's suppression motion. The defendant was convicted of disobeying an officer and driving with a blood alcohol content of .08 or more. On appeal, only the defendant's conviction for driving under the influence is at issue.
The defendant argues that the warrantless entry by the police into his home to arrest him for a violation infringed u
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