Search Results for: ferrier warnings

State v. Budd: Ferrier Warnings Improperly Given

Bellingham Defense Attorney, Constitutional Rights, Dismissal, Due Process, Evidence, felony, Ferrier Warnings, Knock & Talk, law enforcement, police, Privacy, Search and Seizure, Search Warrant, Washington Court of Appeals,

Good decision. In State v. Budd, the WA Court of Appeals decided a law enforcement officer must properly deliver all three parts of the Ferrier warnings before entering a residence. Some background on Ferrier warnings is necessary. In State v. Ferrier, 136 Wn.2d 103, 960 P.2d 927 (1998) the WA Supreme Court held that, before entering a citizen’s … Continue reading State v. Budd: Ferrier Warnings Improperly Given →

State v. Witherrite: Ferrier Warnings Do Not Apply to Car Searches

Constitutional Rights, Drug Offenses, Due Process, Evidence, felony, Knock & Talk, law enforcement, police, Privacy, Probable Cause, Search and Seizure, Search Warrant, Terry Stop, Washington Court of Appeals, , ,

Interesting. In State v. Witherrite, the Court of Appeals decided that law enforcement officers need not give Ferrier warnings for car searches because an automobile should not be treated in the same manner as a home. A deputy sheriff stopped Ms. Witherrite for a traffic violation and had her perform field sobriety tests. The deputy then received … Continue reading State v. Witherrite: Ferrier Warnings Do Not Apply to Car Searches →

State v. Westvang: Ferrier Warnings, Arrest Warrants & Questionable Searches of a Home.

Constitutional Rights, Drug Offenses, Evidence, Knock & Talk, law enforcement, police, Privacy, Search and Seizure, Search Warrant, Washington Court of Appeals, , ,

In State v. Westvang, the WA Court of Appeals just decided that Ferrier Warnings (discussed below) are NOT necessary when police officers obtain consent to enter a home in order to execute an arrest warrant on a fugitive. Police were searching for a fugitive named Scott Miller, who had a warrant for his arrest. Officers received … Continue reading State v. Westvang: Ferrier Warnings, Arrest Warrants & Questionable Searches of a Home. →

Protective Sweeps of Homes

Bellingham Defense Attorney, Constitutional Rights, Evidence, Exclusionary Rule, Exigent Circumstances, felony, Fifth Amendment, Homicide & Manslaughter, Interrogation, law enforcement, Miranda, police, Privacy, Probable Cause, Protective Sweep, Search and Seizure, Self-Defense, Self-Incrimination, Skagit County Criminal Defense, Violent Crime, Washington Court of Appeals, Whatcom County Criminal Defense, , ,

In State v. Chambers, the WA Court of Appeals decided (1) the police’s “protective sweep” of the defendant’s home was improper because the defendant was arrested outside his home and the officers did not have specific facts that other armed individuals might be inside the defendant’s home, and (2) the defendant’s 3.5 Motion to Suppress statements … Continue reading Protective Sweeps of Homes →

State v. Budd: WA Supreme Court Acknowledges Unlawful Search of Home.

Bellingham Defense Attorney, Constitutional Rights, Due Process, Evidence, felony, Knock & Talk, law enforcement, Search and Seizure, Sex Crimes, Technology, Washington Supreme Court, Whatcom County Criminal Defense, , ,

In State v. Budd, the WA Supreme Court decided law enforcement officers must properly give Ferrier warnings before entering a residence. Good decision. Last year, I discussed how the WA Court of Appeals decided this matter in my blog titled, State v. Budd: Ferrier Warnings Improperly Given. Fortunately, the WA Supreme Court upheld the Court of Appeals’ decision. … Continue reading State v. Budd: WA Supreme Court Acknowledges Unlawful Search of Home. →

Search & Seizure: Basic Issues Regarding Their Search For Weapons, Drugs, Firearms and Other Contraband

SEARCH & SEIZURE: AN OVERVIEW Naturally, “unlawful possession” charges require evidence of illegal contraband. Officers obtain the contraband by searching people’s bodies, cars and/or homes. Consequently, the issues surrounding Search & Seizure are highly complex and multi-layered. This Legal Guide discusses basic issues regarding the search of persons, vehicles, cars and homes. These cases often … Continue reading Search & Seizure: Basic Issues Regarding Their Search For Weapons, Drugs, Firearms and Other Contraband →

Car Stop & Purse Search

Bellingham Defense Attorney, Constitutional Rights, Drug Offenses, felony, Fourth Amendment, law enforcement, Mount Vernon Criminal Defense Attorney, police, Reasonable Suspicion, Search and Seizure, Skagit County Criminal Defense, Terry Stop, Traffic Infractions, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

In State v. Lee, the WA Court of Appeals held that a passenger’s consent to a search of her purse was not spoiled by police conduct during the traffic stop. BACKGROUND FACTS Defendant Ms. Lee was the front seat passenger in a car driven by Mr. Peterman. Detective Tilleson initiated a traffic stop for two … Continue reading Car Stop & Purse Search →