 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Zwingelberg v. State4/13/2005
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding precedent for any proposition of law.
MEMORANDUM OPINION AND JUDGMENT
No. 4979
Dale D. Zwingelberg was convicted of felony driving while intoxicated. Zwingelberg appeals his conviction. He argues that the superior court erred in denying his motion to suppress evidence obtained before police officers arrested him outside his home.
Zwingelberg argues that police officers remained at his front door unlawfully while awaiting an opportunity to talk with him. Zwingelberg also argues that his wife's consent for the police to enter his home was coerced.
We uphold the trial court's ruling that officers did not violate Zwingelberg's rights by remaining on his front porch because the officers had probable cause to arrest Zwingelberg at that time. Also, after our own review of the record, we agree with the superior court's ruling that Mrs. Zwingelberg's consent was not coerced.
Facts and Proceedings
A sales clerk at the Budget Liquor store in Juneau called the police to report that a very intoxicated man had driven away from the store after the clerk had asked the man to leave because he was so intoxicated. The clerk described the man and the color and license plate number of the Honda Civic in which he drove away.
Patrolling Juneau Police officers checked local bars for the Honda, and then drove to Zwingelberg's residence. (Zwingelberg was the registered owner of the Honda.) The Honda described by the clerk was parked in Zwingelberg's driveway.
Juneau Police Officers Barry Bunnell and Sarah Dallas went to the front door of Zwingelberg's house and rang the doorbell. While standing at the front door, Officer Dallas looked in a window by the door and saw a man sitting motionless in a recliner. The man, who was eventually identified as Zwingelberg, did not respond to the doorbell.
At this point, Zwingelberg's wife, Kim Zwingelberg, drove up in another car accompanied by her son. Mrs. Zwingelberg told the police that the Honda was her husband's car but that she had the keys. Mrs. Zwingelberg also said that she did not know whether her husband was home. Mrs. Zwingelberg and her son then entered the house.
Mrs. Zwingelberg came to the front door and told the officers that her husband was not home. When Officer Dallas asked her who was sitting in the recliner, Mrs. Zwingelberg's head and shoulders "slumped." Officer Bunnell asked if he could talk to Zwingelberg. Mrs. Zwingelberg replied "just a second," and left the officers waiting at the door.
After waiting a few minutes, the officers knocked and rang the doorbell again. Mrs. Zwingelberg returned to the door and told the officers that she was not going to let them in because she needed to talk to her husband. When Officer Dallas asked why he could not speak to Zwingelberg, Mrs. Zwingelberg told the officers they could come back later. Officer Bunnell responded, "We're not going anywhere until we talk to him."
Mrs. Zwingelberg closed the door. Officer Dallas saw through the window that Zwingelberg and his son appeared to be engaged in a physical altercation. The officers knocked on the door, and Mrs. Zwingelberg returned and told the officers that "he won't come to the door, and I can't let you in." Officer Dallas stated that she could see that Zwingelberg and his son were "getting physical." Mrs. Zwingelberg asked someone inside t
Page 1 2 3 4 Alaska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|