Generally, under Washington law, law enforcement personnel need a search warrant to legally enter a private home. This is based on the Fourth Amendment of the U.S. Constitution and Article I, Section 7 of the Washington State Constitution, which – as is well known in the legal community – for the protection of individuals from unreasonable searches and seizures. This protection, however, is not absolute. There are specific exceptions. For instance, police may enter a home without a warrant for the following reasons: Exigent Circumstances: Urgent situations such as imminent danger, destruction of evidence, hot pursuit of a suspect, or fire/medical emergencies (i.e. emergency aid) can justify warrantless entry. Consent: Entry is permitted if a resident with authority freely gives permission. Plain View: If officers are legally present and see evidence in plain view, they can seize it without a warrant. Search Incident to Arrest: A limited search is allowed in the immediate area of a lawful arrest inside a home for safety and to prevent evidence destruction. The ‘community caretaking’ exception falls under ‘exigent circumstances’ and permits law enforcement officers to invade an individual’s privacy when the officers have a reasonable, objective belief that the person requires assistance. The government bears the burden of showing a warrantless search, such as community caretaking, falls within one of the jealously guarded exceptions. A court must cautiously apply the community caretaking exception when weighing the public’s interest, because of ‘a real risk of abuse in allowing even well-intentioned contacts to assist.’ The Washington Supreme Court has established that the community caretaking function alone is not sufficient in-and-of-itself to excuse warrant requirements for law enforcement to enter a home, but warrantless entry may be appropriate with another reasonable basis for entry. We should all be free from unlawful searches and seizures, especially in our own homes.
If you or a loved one feels that your rights have been violated and/or you face criminal allegations, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
