Summary
The Washington Supreme Court held that Ferrier warnings are not required when police seek consensual entry into a home solely to question a resident during a criminal investigation. The warnings are required when officers seek entry to obtain consent for a warrantless search for contraband or evidence. The court affirmed the Court of Appeals and upheld the admission of cocaine discovered during the encounter.
Holdings
- Ferrier warnings are required only when police seek entry into a home for the purpose of obtaining consent to conduct a warrantless search for contraband or evidence of a crime. They are not required when officers seek consensual entry merely to question or obtain information from an occupant.
Questions Presented
- Whether Washington's Ferrier warnings are required when police seek consensual entry into a home to question a resident during a criminal investigation rather than to obtain consent for a warrantless search.
- Whether the absence of Ferrier warnings invalidated Orr's consent to the officers' entry.
Disposition
affirmed
Cases Cited (17)
- State v. Ferrier, 136 Wash. 2d 103, 960 P.2d 927 (1998)(followed)
- State v. Hendrickson, 129 Wash. 2d 61, 917 P.2d 563 (1996)(followed)
- State v. Williams, 142 Wash. 2d 17, 11 P.3d 714 (2000)(followed)
- State v. Bustamante-Davila, 138 Wash. 2d 964, 983 P.2d 590 (1999)(followed)
- State v. Kennedy, 107 Wash. App. 972, 29 P.3d 746 (2001)(criticized)
- State v. Miller, 121 Wash. 153, 209 P. 9 (1922)(followed)
- State v. O'Neill, 148 Wash. 2d 564, 62 P.3d 489 (2003)(followed)
- State v. Hudson, 124 Wash. 2d 107, 874 P.2d 160 (1994)(followed)
- Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966)(followed)
- State v. Ladson, 138 Wash. 2d 343, 979 P.2d 833 (1999)(discussed)
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Cited In (0)
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