State v. Zalcberg

180 A.3d 304, 232 N.J. 335
CourtSupreme Court of New Jersey
DecidedMarch 27, 2018
DocketA–41 September Term 2016; 078308
StatusPublished
Cited by20 cases

This text of 180 A.3d 304 (State v. Zalcberg) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Zalcberg, 180 A.3d 304, 232 N.J. 335 (N.J. 2018).

Opinion

JUSTICE FERNANDEZ-VINA delivered the opinion of the Court.

**337In this case, we consider whether police officers violated the Fourth Amendment of the United States Constitution and **338Article 1, Paragraph 7 of the New Jersey Constitution when they took a sample of defendant's blood without a warrant during an investigation of alleged driving while intoxicated (DWI).

Defendant Shayna Zalcberg was driving in Freehold Township when her vehicle, containing two passengers, struck another. The collision resulted in a serious accident. Emergency assistance was required, and all three occupants of defendant's vehicle were transported to a hospital via helicopter. One of defendant's passengers died from his injuries.

Police arrived at the scene and determined there was probable cause to believe that alcohol had contributed to the collision. As a result, one of the officers went to the hospital to obtain a sample of defendant's blood. At no time was there discussion of procuring a warrant before ordering the blood draw. Defendant was later charged with second-degree vehicular *306homicide and assault by auto. Defendant moved to suppress the results of the warrantless blood draw as violative of the Fourth Amendment. The trial court granted the motion, finding that the exigent circumstances exception to the warrant requirement did not apply here; the Appellate Division affirmed substantially for the reasons expressed by the trial court.

We conclude that the totality of the circumstances evince an objective exigency, relaxing the need for a warrant and rendering the officer's warrantless blood draw constitutional. Accordingly, we reverse the judgment of the Appellate Division and remand this matter to the trial court.

I.

A.

On the night of July 27, 2011, the Freehold Township Police Department received a report of a motor vehicle accident and dispatched officers to the scene. On their arrival, the officers determined that the accident was serious and called emergency medical and fire personnel for assistance. The police secured the **339roadway so that no other vehicles could approach the crash in order to render the situation less dangerous for the first responders. Because the accident scene was on a major thoroughfare and the crash coincided with the first night of the heavily trafficked Monmouth County Fair, several officers were deployed to block off access to the road and to direct traffic. They continued to do so throughout the entirety of the accident investigation.

Emergency personnel arrived and observed that the doors of the vehicle driven by defendant could not be opened due to the impact of the crash. Members of the fire department employed the "Jaws of Life" to remove the top of the vehicle's passenger compartment and extricate its three occupants. All three were transported via helicopter to Jersey Shore Medical Center for treatment. One of the passengers of defendant's vehicle eventually died as a result of injuries sustained in the accident.

In the course of the police officers' investigation of the collision scene, suspicions arose that alcohol may have played a role in the accident. Two of the emergency medical personnel expressed their concern to a police officer that defendant had smelled of alcohol. Further, after the top of defendant's vehicle had been removed, officers observed a miniature bottle of an alcoholic beverage in the vehicle's console.

The officers concluded that there was probable cause to believe that defendant had been driving while under the influence of alcohol. Because defendant was incapacitated as a result of her injuries and therefore unable to undergo field sobriety tests, the officers decided that it would be prudent to obtain a sample of defendant's blood.

At the time of the accident, it was common practice in the Freehold Township Police Department to take blood samples in serious motor vehicle accidents. Warrants were then available telephonically under New Jersey Court Rule 3:5-3(b), but none of the police officers present believed that a search warrant was required to obtain a blood sample and none of them had been trained in obtaining one. Thus, there was no discussion about **340obtaining a search warrant for the sample of defendant's blood. An officer was dispatched to Jersey Shore Medical Center to acquire the sample.

The officer arrived at the hospital shortly thereafter and inquired into defendant's location. The officer was instructed that he would have to wait but was not given an estimate as to how long. About an hour *307later, the officer was granted access to defendant and requested that a nurse obtain a sample of her blood. The nurse extracted the blood sample and delivered it to the officer.

B.

A grand jury charged defendant with second-degree vehicular homicide, contrary to N.J.S.A. 2C:11-5 ; two counts of third-degree assault by auto, contrary to N.J.S.A. 2C:12-1(c)(2) ; and fourth-degree assault by auto, contrary to N.J.S.A. 2C:12-1(c)(2).

Defendant filed a pre-trial motion to suppress the results of the warrantless blood test, and a suppression hearing was conducted. In an oral decision, the judge granted defendant's motion to suppress. The Judge relied on the United States Supreme Court's decision in Missouri v. McNeely, 569 U.S. 141, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), in which the U.S. Supreme Court reaffirmed that the dissipation of alcohol from one's blood does not constitute a per se exigency justifying a warrantless blood draw. The State filed a motion to appeal that decision, which the Appellate Division granted.

While the State's appeal was pending, an Appellate Division panel in another case held that McNeely was not retroactive but instead prospective. See State v. Adkins, 433 N.J.Super. 479, 484-93, 81 A.3d 680 (App. Div. 2013), rev'd, 221 N.J. 300, 113 A.3d 734 (2015). Based on the Adkins appellate ruling, the Appellate Division panel here reversed the order granting defendant's motion to suppress.

We granted defendant's motion for leave to appeal from the Appellate Division's reversal.

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Cite This Page — Counsel Stack

Bluebook (online)
180 A.3d 304, 232 N.J. 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-zalcberg-nj-2018.