DWI based on Emergency Aid Doctrine – State v. Kramer (UNP)

THE FOLLOWING INFORMATION RELATES TO AN OPINION THAT HAS NOT BEEN APPROVED FOR PUBLICATION.

This morning’s unpublished Appellate Division decision in State v. Kramer relates to a drunk driving prosecution where the police entered the defendant’s garage without a warrant or probable cause to believe the defendant had committed an offense. Inside the garage, the defendant was sitting in her vehicle. The police involvement in the case was based upon reports of erratic driving by the defendant. The police maintained that the entry into her garage was based, in part, upon their concern that she may have been ill and required aid.

In sustaining the defendant’s conviction for drunk driving, the Court ruled that, under the totality of the circumstances, the police entry into the garage was justified under the “emergency aid” exception to the warrant requirement.

Download a copy of State v. Kramer

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