State v. Mercedes

Defendant, charged with two counts of animal cruelty, moved to suppress evidence obtained by animal control officers as result of consensual entry onto her property, which evidence was later relied upon for issuance of search warrant, claiming her consent to officers’ entry onto property was rendered invalid by their failure to provide warnings pursuant to State v. Ferrier regarding her right to refuse, limit, or revoke consent. Under article I section 7 of the Washington constitution, as interpreted in the case State v. Ferrier, 960 P.2d 927 (1998), consent to enter a person’s home to search for evidence of a crime is invalid unless investigating officers advise the property owner of the right to refuse, limit, and revoke consent. Held that officers were not required to administer Ferrier warnings prior to the officers’ consensual entries onto her property in this case because the visits were for investigative purposes and were conducted outside of the home.