Legal Opinion

State v. Hinshaw

Court of Appeals of Washington

Decided April 16, 2009No. 26900-1-IIIPublishedCited by 7 opinions

1Opinion of the Court

¶1 A warrantless entry inside a home is presumptively unreasonable under the Fourth Amendment to the United States Constitution and article I, section 7 of the Washington Constitution. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant. Here, Roger Hinshaw argues that the trial court erred in concluding that police demonstrated exigent circumstances justified their warrantless entry into his home. We agree and reverse.

Schultheis, C.J.

FACTS

¶2 On February 28, 2006, at 9:39 p.m., dispatch advised Moses Lake police officers of a person driving a car on a…

2Cases cited24 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. McDonald v. United StatesSupreme Court of the United States · 1948
  3. Welsh v. WisconsinSupreme Court of the United States · 1984
  4. Brendlin v. CaliforniaSupreme Court of the United States · 2007
  5. Michigan v. TylerSupreme Court of the United States · 1978

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3Cited by7 opinions

  1. Tamisha Pearson v. City Of SeattleCourt of Appeals of Washington · 2016
  2. State of Washington v. Eric Daniel CruzCourt of Appeals of Washington · 2016
  3. State Of Washington v. Troy C. RestvedtCourt of Appeals of Washington · 2021
  4. State of Washington v. Eric Daniel CruzCourt of Appeals of Washington · 2016
  5. State v. BrownCourt of Appeals of Washington · 2010

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