People v. Schreiner

Defendant was convicted, after stipulated bench trial, of aggravated DUI. Defendant sought to exclude incriminating statements made by Defendant and his wife and results of sobriety and blood-alcohol tests conducted at his home and at police station, and evidence of damaged vehicle inside his locked garage. State failed to offer any proof of voluntary consent to warrantless entry, which was an unreasonable search. Conviction vacated, and remanded for an attenuation hearing with directions that if court finds that all evidence that Defendant seeks to suppress was attenuated from the taint of the warrantless entry and is thus admissible, court is to reinstate judgment of conviction. Other specific directions given if court finds that some evidence was attenuated. If court finds that none of the evidence was attenuated and thus all should be suppressed, judgment of acquittal to be entered.  (HOWSE and McBRIDE, concurring.)