WA: When police have an arrest warrant, warning of a state right to refuse an entry into the home for consent not required

When police have an arrest warrant, warning of a state right to refuse an entry into the home required in State v. Ferrier does not apply. Consent must still be shown to be voluntary under the totality of the circumstances. State v. Ruem, 179 Wn.2d 195, 313 P.3d 1156 (2013):

We are asked to determine whether law enforcement officers must expressly advise a person of his or her right to refuse entry into a home–i.e., provide Ferrier [State v. Ferrier, 136 Wn.2d 103, 115-16, 960 P.2d 927 (1998)] warnings–when the officers seek to execute an arrest warrant. We hold that Ferrier warnings are not required in this instance, though any consent obtained must be voluntary under the totality of the circumstances.

On the facts of this case, we conclude that Pierce County sheriff’s deputies unlawfully entered Dara Ruem’s mobile home in an attempt to execute an arrest warrant for Ruem’s brother, Chantha Ruem. The deputies lacked probable cause to believe Chantha was present, and Ruem revoked his initial consent to the entry. Thus, the evidence recovered from the search of the home was illegally obtained and unlawfully admitted. We reverse the Court of Appeals and vacate Ruem’s conviction.