State v. Morse

¶23 (concurring) — Like the majority, I would find the search invalid, but I use our established Fourth Amendment analysis to determine that Pam Dangel did not have authority to consent to the search of Robert Morse’s apartment.

Fairhurst, J.

¶24 We have expressly adopted the federal analysis under the Fourth Amendment for consent to search questions.6 State v. Mathe, 102 Wn.2d 537, 543, 688 P.2d 859 (1984) (citing United States v. Matlock, 415 U.S. 164, 170-71, 94 S. Ct. 988, 39 L. Ed. 2d 242 (1974)). The Fourth Amendment generally prohibits the warrantless entry into a person’s home to…