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State v. Filtz8/25/2004
On August 27, 2002, the Village of East Troy Police Department was called about a hit-and-run accident in the parking lot of the East Troy House. Officer Karen Barnett was dispatched to investigate the accident. At the East Troy House, employees notified the officer that they observed an intoxicated patron, Filtz, leave the establishment, stumbling as she left. Fifteen minutes after Filtz left, employees observed damage to a bus in the parking lot. The employees stated that Filtz drove a black truck and that the color of paint of Filtz's vehicle matched the paint that Barnett found on the ground. Pieces from a truck's or van's taillight were also located at the scene.
Barnett went to Filtz's home to investigate and Deputy Jeffrey Shaw met her there. Both observed Filtz's truck parked in the driveway and observed damage on the vehicle consistent with the reported accident. Barnett and Shaw also observed, through the home's window, Filtz lying on the couch. After knocking on the door for five minutes, Filtz's son, approximately sixteen years old, answered the door. Barnett asked to speak with Filtz and the son went to wake her, leaving the door to the home open. He returned, saying he could not wake her and Barnett told him that she really needed to speak with Filtz. Filtz's son stated he would try to wake Filtz again. At that time, Filtz's son again left the door open and the officers followed him inside to the living room.
The officers attempted to wake Filtz and were successful. They explained to her that they were investigating a hit-and-run accident that had just occurred and asked if she had been driving that evening. Filtz responded that she had not and the officers asked her to come outside and look at her vehicle with them. Filtz agreed to go outside, and the officers followed her out to her vehicle. The officers did not inform Filtz that she was under arrest, put any handcuffs on her, or physically escort her outside.
Filtz and the officers observed the damage to the vehicle and Filtz once again denied that she had been driving. After further questioning, she admitted that she had been driving and that she had obviously hit something with her vehicle. Barnett asked Filtz to perform field sobriety tests, which she did. Barnett then placed Filtz under arrest for operating a motor vehicle while intoxicated and transported her to the hospital for a blood draw. At the hospital, Filtz refused to give a blood sample and a forced blood draw was taken.
PROCEDURAL HISTORY
The State charged Filtz with one count of operating a motor vehicle while under the influence of an intoxicant, second offense, contrary to Wis. Stat. §§ 346.63(1)(a) and 346.65(2)(b), and one count of operating a motor vehicle with a prohibited alcohol concentration, contrary to § 346.63(1)(b). Filtz filed a motion to suppress evidence obtained as a result of an illegal entry into her home. An evidentiary hearing was held on February 12, 2003, with additional testimony on May 21 and August 28, 2003. The trial court then granted Filtz's motion to suppress all evidence found inside and outside the home. However, the court held that the results of the blood test taken at the hospital would be admissible at trial.
At the December 11, 2003 status hearing, the trial court partially reversed its earlier ruling, finding that all evidence obtained, including the hospital blood test results, was subject to suppression. The State appeals.
STANDARD OF REVIEW
We employ a two-step standard when reviewing a trial court's conclusions concerning constitutional challenges. See State v. Phillips, 218 Wis. 2d 180, 190, 577 N.W.2d 794 (1998). We will not upset a trial court's fi
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