This section contains the nature of the case and procedural background.

A witness saw a car being driven erratically and eventually swerve off of a road and into an open field. The witness was worried for the safety of the occupant and the safety of others should the driver decide to resume driving on the road. The witness approached the driver, Welsh (D), and told him to remain with the vehicle until help arrived (he had already called the police regarding what he saw). D simply walked away from the scene. Police arrived, and the witness told them what he had seen, and the police searched the car for registration to determine who the driver could have been. The registration revealed that it was D and that his home was close by. Officers went to the home, and when one of D's family members answered the door, the officers entered and, finding D, arrested him for driving a motor vehicle under the influence of an intoxicant. The state trial court never decided whether there was consent to the entry because it deemed decision of that issue unnecessary in light of its finding that exigent circumstances justified the warrantless arrest. D was found guilty. After reversing the lower court's finding of exigent circumstances, the Wisconsin Court of Appeals remanded for full consideration of the consent issue. The Supreme Court of Wisconsin reversed the Court of Appeals and reinstated the trial court's judgment. D was convicted and appealed.

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