My point in writing these ditties, in addition to shameless self-promotion, is to try to demonstrate how various issues in the news would play out in the world of lawyers.
The Police knock on your door. Now what?
As mentioned in previous articles on this blog, any warrantless search or seizure is unlawful – without a jealously guarded exception to the warrant requirement.
What are the exceptions?
Criminal Defense Attorney serving Oak Harbor, Seattle, and King, Island, Skagit, Snohomish, and Whatcom County provides a quick, unedited blurb about how the Supreme Court…
The law evolves along with technology. For example, early strict liability law concerned non-domestic or exotic animals: an owner of a lion, bear, or other…
A Minnesota appellate court recently appears to have claimed that the state may criminalize a person’s refusal to consent to a warrantless search if the officer could have hypothetically obtained a warrant. You can read the opinion here.
This is dangerous.
In part 1, we discussed what is required for law enforcement to make a warrantless entry into the home. The state must prove each of the following elements of the emergency aid exception to the warrant requirement:
- The police officer subjectively believed that someone likely needed assistance for health or safety concerns;
- A reasonable person in the same situation would similarly believe that there was need for assistance;
- There was a reasonable basis to associate the need for assistance with the place being searched;
- There is an imminent threat of substantial injury to persons or property;
- State agents must believe a specific person or persons or property are in need of immediate help for health or safety reasons
- The claimed emergency is not a mere pretext for an evidentiary search.
The law has recognized that “every man’s home is his castle.” This does not mean that a homeowner can do whatever he or she pleases or engage in abuse. For example, Ray Rice of the Baltimore Ravens has recently seen that he is not above the law. But it is true that the home is afforded special protections. That is especially true in Washington state.