Asked in Criminal Law for Washington

Q: I would like to know if I can have the evidence suppressed or if officers were in violation of 4th amendment.

Sheriffs deputies arrived at residence for a warrant service deputy walked to front door of house. Deputy knocked and no answer. He knocked again and heard sound of deadbolt. The door became unlocked deputy knocked again and announced he was with sheriffs department deputy claims that he was knocking on the door this time the front door opened and he could see several people sleeping in the living room. Deputy says he observed male sitting 5 feet from door. Male was asleep deputy positively identified the suspect. Deputy walked in asked suspect to stand told him he had felony arrest warrant. Suspect is a felon on probation found with a weopon. Can we have evidence suppressed?

Related Topics:
1 Lawyer Answer
Carl Munson JR
Carl Munson JR
Answered
  • Criminal Law Lawyer
  • Bellingham, WA
  • Licensed in Washington

A: It is an interesting question. But it appears that the officer had a valid arrest warrant. If that is the case, officers have the right to a limited intrusion into the residence to arrest the suspect. And upon a valid arrest, if they find a weapon on the suspect, that would not be a violation of his rights. There would need to be more information regarding who answered the door, if there was any conversation as to consent to enter or not. The person having standing to challenge the entry would be the home owner or resident, not the suspected felon. And as there was no search done of the residence and no illegal contraband found in the residence to charge the owner/tenant, it doesn't appear they would have any successful challenge. Based on the facts of your scenario, it appears the suspected felon is out of luck. He/she definitely needs to work with their lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.