State v. Menz, 75 Wash.App. 351, 880 P.2d 48 (1994)
Aug 10, 1994OUTCOME: The appeal created new precedent and published law on the issue of search and seizure
I represented Menz on an appeal regarding a warrantless search on the question of whether or not it was a violation of his constitutional right to be free of unreasonable search and seizure under U.S.C ... .A. Const.Amend. 4. The Court of Appeals, Division II ruled that police officers acted lawfully in conducting a warrantless search of a residence at which they arrived in response to an anonymous report of domestic violence, in order to ascertain whether anyone was present in residence in need of assistance This was based on the fact that the court found that there were suspicious circumstances. These included a finding that the front door to residence was open on a cold winter night and that, even though lights were on and television was playing, no one responded when officers knocked and announced their presence.
