State v. Menz

880 P.2d 48 (Wash. Ct. App. 1994)

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Nature of the Case

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Facts

At 5:30 p.m., an anonymous caller reported domestic violence in progress at 2639 Sumner. The caller thought the participants were named Debbie and Dale, and that a 10-year-old child lived with them. The caller was unsure about the presence of weapons. 2639 Sumner was the address of D. Three officers responded and found that the front door to the residence was standing open 5 or 6 inches. They could not see into the home, but they could hear a television playing inside. No vehicles were in the driveway, and the household lights were on. They knocked and announced their presence two or three times. They received no response. Concerned about the occupants, they entered and began searching areas large enough to hold a person in hiding, or a person incapable of responding. In a bedroom, they discovered marijuana plants. They obtained a search warrant, returned, and seized the plants. D moved to suppress the marijuana on grounds that the search of his home had been illegal. The court held that the police had been justified in entering and searching for injured people. D was found guilty and sentenced to 60 days in jail. D appealed.