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Commonwealth v. Williams6/4/1999
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION REVERSING AND REMANDING
The Commonwealth appeals an order of the Union Circuit Court dismissing its petition for a writ of prohibition. Having reviewed the record, briefs of counsel and applicable law, we reverse and remand.
This matter originated in the Union District Court as a driving under the influence (DUI) case. The district court ruled that the Commonwealth could not introduce the results of the defendant's blood alcohol test or any other evidence obtained following a law enforcement officer's entrance into defendant's home. The underlying facts are as follows:
On December 6, 1997, at approximately 6:30 p.m., State Trooper Tim Rascoe (Trooper Rascoe) was dispatched to an automobile accident at the intersection of highways 950 and 853 in Union County. The dispatcher reported a vehicle upside down in a ditch. Upon arriving at the scene, Trooper Rascoe was informed by ambulance personnel that the vehicle was unoccupied. Having run a check on the license plate, Trooper Rascoe learned Monte Luke Pride (Mr. Pride) was the owner of the wrecked vehicle. Further, through personal knowledge, Trooper Rascoe realized Pride lived nearby. Trooper Rascoe then proceeded to the Pride residence.
The events following the officer's arrival are the source of contention in this matter. According to Trooper Rascoe, upon arriving at the residence, Mr. Pride's wife (Mrs. Pride) was in the family carport, preparing to run an errand. He stated that he told Mrs. Pride he needed to speak to her husband and when she asked why, he told her "about the accident." Trooper Rascoe contends Mrs. Pride responded her husband was inside the house and invited him to "come on in." When Mr. Pride emerged from the rear of the house, Trooper Rascoe detected alcohol on his breath and inquired as to whether he had been drinking. Following a brief conversation, Trooper Rascoe placed Mr. Pride under arrest for DUI and took him to the local hospital for a blood test. The test revealed Mr. Pride's blood alcohol level was 0.27.
Mrs. Pride disputed this account of the events. She purported that, when Trooper Rascoe approached her, he merely inquired whether her husband was home and whether he had been drinking. She contends there was never any mention of an accident, rather, Trooper Rascoe asked to speak with Mr. Pride, and when she said she would go inside and get him, the officer followed her indoors, uninvited.
Mr. Pride moved to suppress the blood alcohol test claiming it was obtained in violation of his Fourth Amendment rights under the United States Constitution and Section 10 of the Kentucky Constitution. The district court held a hearing on the matter and concluded, in part:
"For an officer to enter a persons home for the purpose of executing arrest or further investigation, the officer must either have the consent of the resident, obtain an arrest warrant, obtain a search warrant, or have exigent circumstances to enter without a warrant. Whether or not this officer had consent to enter the residence is questionable. It is undisputed he did not have an arrest warrant or a search warrant. The only other lawful basis for the officer to enter the Defendant's home was upon existence of exigent circumstance to justify the entry and the Court is of the opinion that no exigent circumstance existed to justify the entry."
Ultimately, the district court suppressed any evidence obtained following the entry into Mr. Pride's home. The Commonwealth sought relief through a petition for a writ of prohibition in the Union Circuit Court. On July 9, 1998, the circuit
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