WA: Warrantless SWAT entry into defendant’s hotel room to arrest him as an accomplice to a quadruple cop killing that just occurred was based on exigent circumstances

A warrantless SWAT entry into defendant’s hotel room to arrest him as an accomplice to a quadruple cop killing that just occurred was based on exigent circumstances. State v. Allen, 178 Wn. App. 893, 317 P.3d 494 (2014):

¶37 The State bears the burden of proving that the exigent circumstances exception applies. Smith, 165 Wn.2d at 517. We determine whether the evidence supports a finding of exigent circumstances by looking at the totality of the situation. Smith, 165 Wn.2d at 518. We consider six factors in analyzing the situation:

(1) the gravity or violent nature of the offense with which the suspect is to be charged; (2) whether the suspect is reasonably believed to be armed; (3) whether there is reasonably trustworthy information that the suspect is guilty; (4) there is strong reason to believe that the suspect is on the premises; (5) a likelihood that the suspect will escape if not swiftly apprehended; and (6) the entry is made peaceably.

State v. Cardenas, 146 Wn.2d 400, 406, 47 P.3d 127 (2002). Because we analyze the totality of the situation, the State does not have to prove all six factors to show that exigent circumstances existed. Smith, 165 Wn.2d at 518.

¶38 Here, the evidence supports the finding that exigent circumstances permitted the warrantless entry and Allen’s arrest. The offense—the shooting of four police officers—was extremely grave and violent, and the arresting officers had information from multiple sources indicating that Allen was involved. Although some of the officers knew that Clemmons had been killed before they entered Allen’s motel room, Clemmons’s death did not decrease the gravity of his crimes or the officers’ perception of Allen’s involvement in them. And, because Allen’s hands were not visible and he appeared to be reaching for something under the pillows, the officers could have reasonably believed he was reaching for a gun. Further, there was a strong reason to believe that Allen was on the premises—an informant told police he was in room 25 at the motel, police found his alias on a receipt for room 25, and the driver’s license picture from the receipt matched the police’s picture of him. Finally, there is evidence that the officers’ entry was relatively peaceable. The officers knocked and announced their presence, then waited for someone to answer the door before entering the room. See Cardenas, 146 Wn.2d at 408 (holding that police entered a motel room peaceably when they were in uniform, announced their presence, and entered through an unlocked window).

¶39 Police did not know whether Allen was armed, and there was no evidence that Allen was attempting to escape the motel room. But even if these two factors were not met, given the totality of the circumstances, including Allen’s involvement in the shooting of four uniformed officers and simultaneous statement that he knew the officers were coming and “coming hard,” exigent circumstances justified the police officers’ warrantless entry and Allen’s arrest. Therefore, the trial court correctly denied Allen’s suppression motion.