Recent New Jersey Appellate Division Decision – Warrantless Entry in DWI Case  

On July 5, 2024, the New Jersey Appellate Division decided State of New Jersey v. Mary Mellody, 479 N.J. Super. 90 (App. Div. 2024), in which it addressed the circumstances in which a police officer may enter a suspect’s garage without a warrant during a drunk or careless driving investigation. The Appellate Division vacated defendant Mellody’s DWI conviction and remanded the case, concluding that the police had unlawfully entered her garage during a routine investigation without a warrant or exigent circumstances. 

Facts and Procedural History: Warrantless Entry in New Jersey 

The case stems from a November 1, 2019 incident where Mellody, after leaving a tavern, was reported by a 9-1-1 caller for erratic driving. The caller provided a description of the vehicle and the license plate number. Based on that information, a law enforcement officer was dispatched to Mellody’s home, where he found her Jeep in the driveway, with the brake lights illuminated. When the officer activated his overhead lights, the Jeep moved forward into the attached garage and struck a refrigerator with a “bang.” The officer entered the garage without a warrant, asked Mellody to exit the vehicle, and conducted field sobriety tests, which she failed. Mellody was then charged with DWI, N.J.S.A. 39:4-50, and careless driving, N.J.S.A. 39:4-97.  

Lower Court’s Decision: Denial of Motion to Suppress 

The Municipal Court judge denied Mellody’s motion to suppress the evidence based on the officer’s warrantless entry, finding that the officer had entered the garage believing that Mellody might need medical assistance. At the conclusion of the trial, the judge found Mellody guilty of DWI based on the observational evidence of her intoxication, highlighting that Mellody exhibited clear signs of intoxication during the field sobriety tests, including slurred speech and inability to balance. The municipal judge also found her guilty of careless driving because the act of pulling her car forward was done without due caution. 

The Law Division judge conducted a de novo hearing and upheld the convictions and sentence.  

Appellate Division Ruling: Warrantless Entry in New Jersey Homes 

The Appellate Division addressed the question of whether the officer’s warrantless entry into Mellody’s garage violated the Fourth Amendment. The Appellate Division set forth that private residences, including garages, receive heightened protection under both the Fourth Amendment to the United States Constitution and the New Jersey Constitution. A warrantless entry into a residence or garage is only permissible when exigent circumstances or consent exist. Because the officer was conducting a routine DWI investigation in this case without an emergency or obtaining consent, the Appellate Division concluded that the warrantless entry of the garage was unlawful. 

Exigent Circumstances and Community Caretaking Doctrine 

The Appellate Division rejected the State’s argument that the officer’s actions were justified under the community caretaking doctrine. It ruled that the doctrine does not permit law enforcement to conduct a warrantless entry into residences or garages unless there is a genuine emergency or imminent danger. Since the officer never inquired whether Mellody needed medical assistance and acted solely to investigate her for DWI, the Appellate Division  determined that there were no exigent circumstances justifying the entry. 

Suppression of Evidence Following Unlawful Warrantless Entry in New Jersey 

Because the entry was unlawful, the Appellate Division suppressed the evidence collected after the warrantless entry, including the field sobriety tests and the officer’s observations, and vacated Mellody’s DWI conviction. However, the Appellate Division remanded Mellody’s careless driving conviction for a determination of whether it could be sustained based on the information obtained before the officer entered the garage. 

Conclusion: Key Takeaways on Warrantless Entry in New Jersey 

The ruling highlights the strict protections on private residences, including garages, against warrantless entry in New Jersey. The decision reinforces that police cannot enter a residence or garage without a warrant unless there are exigent circumstances or consent. The Appellate Division’s decision to vacate Mellody’s DWI conviction sends a strong message that routine investigations do not override constitutional rights to privacy, making this case an important precedent for warrantless entry cases in New Jersey moving forward. 

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