State v. Morse, 156 Wn.2d 1, 129 P.3d 832 (2005)

Susan F Wilk

Practice Area: Appeals

Outcome: Conviction reversed and dismissed.

Description: Search of home conducted based on consent of houseguest, but without consent of homeowner who was present and able to object, not valid as to homeowner. Supreme Court adopts new rule under state constitution that "authority of law" requires "actual authority"; thus even an officer's reasonable belief regarding a person's authority to consent will not validate an otherwise-invalid search.