Legal Opinion
State v. Apodaca
Court of Appeals of Washington
Decided November 17, 1992No. 11244-6-IIIPublishedCited by 9 opinions
1Opinion of the CourtSweeney, J.
Ricardo C. Apodaca appeals his conviction of attempted second degree assault. The dispositive issue is whether consent was freely and voluntarily given for the warrantless entry by two police officers into Mr. Apodaca's home. We conclude it was not and reverse.
Facts
On May 27, 1990, Yakima Police Officer Phillip Posada and Officer James Giles responded to a call regarding a hit and run accident involving intoxicants. Upon arriving, the officers spoke with a witness and the owner of the damaged vehicle. They were told that Mr. Apodaca put his car up to the back bumper of an unattended vehicle…
2Cases cited12 opinions
- Bumper v. North CarolinaSupreme Court of the United States · 1968
- State v. SmithWashington Supreme Court · 1990
- State v. LeachWashington Supreme Court · 1989
- State v. MennegarWashington Supreme Court · 1990
- State v. ShoemakerWashington Supreme Court · 1975
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. MierzWashington Supreme Court · 1995
- Thurston County Rental Owners Ass'n v. Thurston CountyCourt of Appeals of Washington · 1997
- State v. JohnsonCourt of Appeals of Washington · 2001
- State v. JohnsonCourt of Appeals of Washington · 2001
- State v. MierzCourt of Appeals of Washington · 1994
4 more not listed; retrieve them via the Exa API.