State of Washington v. Patricia Sue Schultz, 170 Wash. 2d 746

Summary

The Washington Supreme Court held that police may consider the likelihood of domestic violence when evaluating the emergency aid exception to the warrant requirement. The court also held that mere acquiescence to an officer's entry into a home does not constitute consent under article I, section 7 of the Washington Constitution. Because the State failed to establish that the warrantless entry into Schultz's apartment was justified, the court reversed and remanded.

Holdings

1. Courts may consider the likelihood that a situation involves domestic violence when evaluating whether the requirements of the emergency aid exception to the warrant requirement have been satisfied.
2. The State failed to establish that the emergency aid exception justified the officers' warrantless entry into Schultz's apartment.
3. Mere acquiescence to an officer's entry, including failure to object when officers enter a home without requesting permission, is not consent and does not waive article I, section 7's protection against warrantless entry.
4. The methamphetamine evidence should have been suppressed because the initial warrantless entry violated article I, section 7 and was not justified by an exception to the warrant requirement.

Questions Presented

1. Whether the warrantless entry into Schultz's apartment was justified under Washington's emergency aid exception to the warrant requirement.
2. Whether the likelihood of domestic violence may be considered when evaluating the emergency aid exception.
3. Whether Schultz's failure to object or her acquiescence to the officers' entry constituted consent under article I, section 7 of the Washington Constitution.
4. Whether the evidence discovered pursuant to the later search warrant should have been suppressed because the officers' initial entry was unlawful.

Disposition

reversed_and_remanded