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WA: Potential for domestic violence here was just not enough for warrantless entry

By John Wesley Hall, Jr.

Because of the jealous protection of the home, the evidence of the officers’ need to enter the home in a “potential ... domestic violence” situation was just not sufficient. As far as officers knew, the situation had not reached the point of near violence. State v. Schultz, 2011 Wash. LEXIS 75 (January 13, 2011) (dissent here) (revg State v. Schultz, 146 Wn. App. 1057, 2008 Wash. App. LEXIS 2342 (2008)): ¶24 We recognize a few jealously guarded exceptions to the warrant requirement. State agents need no warrant to provide emergency aid. Courts may consider that an entry is made into a home in the context of a domestic violence threat in considering the reasonableness of officers' actions under the emergency aid exception...continue to full post

Full post as published by Fourth Amendment on January 18, 2011 (boomark / email).