State v. Schultz
248 P.3d 484
Wash.2011Background
- Patricia Schultz was convicted of possession of illegal drugs after police entered her apartment without a warrant and found narcotics.
- Officers heard arguing outside and then entered Schultz's apartment after she opened the door and an additional occupant appeared from a bedroom.
- The officers did not seek or obtain Schultz's consent before entering; the trial court found Schultz acquiesced to entry, which the Court of Appeals affirmed as a basis for admission of the evidence.
- Schultz moved to suppress, arguing the warrantless entry violated article I, section 7 of the Washington Constitution; the State argued it fit the emergency aid exception connected to domestic violence concerns.
- The trial court denied suppression; on appeal the Court of Appeals upheld, but this Court reversed, concluding the emergency aid exception did not justify entry and that acquiescence does not equal consent.
- The majority held that domestic violence context may be considered in evaluating emergency aid, but the State failed to demonstrate the facts to justify a warrantless entry; suppression was required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrantless entry was justified by emergency aid. | Schultz | Schultz | No; emergency aid not shown |
| Whether acquiescence constitutes consent to enter under article I, section 7. | Schultz | State | Acquiescence does not equal consent; suppress |
| Whether domestic violence context can support emergency aid justification. | State | Schultz | Context may be considered but not sufficient here |
Key Cases Cited
- State v. Ferrier, 136 Wash.2d 103 (1998) (limits on knock-and-talk and consent in home searches)
- State v. Thompson, 151 Wash.2d 793 (2004) (emergency aid as community caretaking function)
- State v. Kinzy, 141 Wash.2d 373 (2000) (three-part test for emergency aid)
- State v. Raines, 55 Wash. App. 459 (1989) (domestic violence context informing safety concerns)
- State v. Lynd, 54 Wash. App. 18 (1989) (reasonableness of officer belief evaluated at scene)
- State v. Day, 161 Wash.2d 889 (2007) (trustworthy articulation of warrant requirement and exceptions)
- State v. Khounvichai, 149 Wash.2d 557 (2003) (limits Ferrier to entry for warrantless search context)
- State v. Williams, 142 Wash.2d 17 (2000) (consent context with existing warrant or arrest warrant)