State of North Dakota, Plaintiff and Appellee v. Robert Winkler, Defendant and Appellant

Summary

The court affirmed the denial of suppression for Winkler's pre-arrest and post-arrest statements and for his Intoxilyzer result. It held that the officers' driveway entry and observation of the pickup in the open garage were not searches, but their entry into the garage was a warrantless search; the warrant nevertheless rested on probable cause independent of that entry. The court remanded for a factual determination whether the unlawful entry actually prompted the officers to seek the warrant.