State v. Menz
Washington Court of Appeals
880 P.2d 48 (1994)
- Written by Carolyn Strutton, JD
Facts
The police received an anonymous tip about domestic violence in progress at a residence. When the police arrived at the home, they found the front door ajar and the lights on. The police knocked and announced their presence, but no one answered. The police could hear that a television was on inside the house, but no vehicles were in the driveway. Concerned that a domestic-violence victim might be inside the house, potentially injured, the police entered the home and began searching the rooms in the house. The police discovered marijuana plants growing in a bedroom. The homeowner, Dale Menz (defendant), was arrested and convicted of manufacturing marijuana. Menz appealed, alleging that the search of his home had been illegal and that the trial court had erred in not suppressing the evidence of the marijuana.
Rule of Law
Issue
Holding and Reasoning (Morgan, C.J.)
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