WA: Officer’s opening door for welfare check was minimal when he saw body in plain view

The warrantless entry into the home shared by the victim and defendant was justified because the officer’s concern for the victim was reasonable. She had not reported for work, she was not answering her phone, her car was parked in the driveway, and she was not responding to the deputy’s knocks. Once the door was opened, the officer could see her body in plain view. The intrusion in the residence was minimal when the body was seen. State v. Teulilo, 2023 Wash. LEXIS 285 (June 8, 2023). And see Villegas v. City of L.A., 2023 U.S. App. LEXIS 14257 (9th Cir. June 8, 2023)* a similar civil case.

There was cause for defendant’s stop and arrest, and the search of his vehicle was reasonable. United States v. Williams, 2023 U.S. App. LEXIS 14055 (6th Cir. June 5, 2023).*

While the state constitution reads the same as the Fourth Amendment, this court construes it to provide more rights. It is incumbent on the litigants to show why the state rule should be different. The state legalization of hemp doesn’t help show that the smell is not probable cause. “As a final matter, Appellants invite this Court to hold that the automobile exception to the requirement of a warrant violates Article 1, Section 4 if there are no exigent circumstances to justify the search. This argument is not supported by an independent state constitutional analysis, and we therefore do not consider it.” Joseph v. State, 2023 WY 58, 2023 Wyo. LEXIS 59 (June 7, 2023).*