People v. Washington

The majority’s position vindicates no right of defendant but permits fortuity to undermine the public’s compelling interest in the enforcement of the criminal law. Consider the following not implausible hypothetical. The owner of a house in which a murder suspect is a guest not only tells investigating detectives at the police station that they are free to search the house, he or she also executes a written consent. Before the detectives get to the house, a police officer securing the house enters it and discovers the murder weapon in the erroneous belief that exigent circumstances supported…