A Washington state judge excluded from evidence weapons found in the possession of an alleged felon previously convicted of domestic violence. The possession would have constituted a felony in and of itself.
Police reportedly observed the weapons in the felon’s bedroom when dispatched to the home on a new domestic violence call.
The judge held that the officers had inadequate basis to enter the bedroom of the renter despite the 911 call and permission by the owner of the house.
The court felt there was insufficient evidence of a threat to officer safety to justify the officers’ actions without the tenant’s permission. This conclusion may have been supported by the police officers’ failure to supervise or secure the weapons, undercutting the contention that the officers perceived a threat.