Legal Opinion

State v. Hopkins

Court of Appeals of Washington

Decided October 15, 2002No. Nos. 20215-1-III; 20320-4-IIIPublishedCited by 15 opinions

1Opinion of the Court

Kato, A.C.J.

— Cheryl L. Hopkins and Russell Alan Smith appeal their convictions for manufacturing and possession of methamphetamine. They contend police officers’ search of outbuildings on Ms. Hopkins’ property exceeded the scope of a lawful protective sweep. We agree and reverse.

On September 22, 2000, about seven Benton County sheriff’s deputies went to Ms. Hopkins’ rural property to arrest her on outstanding felony warrants. The officers also had with them a search warrant to enter Ms. Hopkins’ property “and there diligently search for [her], to include any and all out buildings or trailers…

2Cases cited8 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Maryland v. BuieSupreme Court of the United States · 1990
  3. State v. JacksonCourt of Appeals of Washington · 1996
  4. State v. SchafferIdaho Court of Appeals · 1999
  5. United States v. Mark Allen FordCourt of Appeals for the D.C. Circuit · 1995

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3Cited by15 opinions

  1. State v. SadlerCourt of Appeals of Washington · 2008
  2. State v. SmithWashington Supreme Court · 2009
  3. State v. HatchieWashington Supreme Court · 2007
  4. State v. HatchieWashington Supreme Court · 2007
  5. State Of Washington v. Lovett James ChambersCourt of Appeals of Washington · 2016

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