State v. Budd: Ferrier Warnings Improperly Given

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

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.

Division II of the 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. http://www.courts.wa.gov/opinions/pdf/D2%2042777-0-II%20%20Published%20Opinion%20After%20Remand.pdf Police were searching for a fugitive named Scott Miller, who had a warrant for his arrest. Officers received a … Continue reading State v. Westvang: Ferrier Warnings, Arrest Warrants & Questionable Searches of a Home.

Protective Sweeps of Homes

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.

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

This Legal Guide discusses basic issues regarding the search of persons, vehicles, cars and homes. These cases often involve police searching for illegal contraband such as guns, drugs and/or other contraband. Please contact me for consultation if you have specific questions related to your case. SEARCH & SEIZURE: AN OVERVIEW Naturally, “unlawful possession” charges require … Continue reading Search & Seizure: Basic Issues Regarding Their Search For Weapons, Drugs, Firearms and Other Contraband

Car Stop & Purse Search

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