State v. Jesson

142 Wash. App. 852
CourtCourt of Appeals of Washington
DecidedJanuary 29, 2008
DocketNo. 25882-3-III
StatusPublished
Cited by6 cases

This text of 142 Wash. App. 852 (State v. Jesson) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jesson, 142 Wash. App. 852 (Wash. Ct. App. 2008).

Opinion

¶1 — Paul Jessen was arrested after the execution of a search warrant on his property revealed a marijuana grow operation and several firearms. The search warrant was issued on the basis of the observations of a police officer who entered Mr. Jessen’s property to question him as a potential witness with information regarding a property crime. Mr. Jessen’s property was located in a sparsely populated and heavily forested area which was marked with several “No Trespassing” and “Keep Out” [855]*855signs. In order to access the property, the officer had to open a closed but unlocked gate and travel along a rough, primitive driveway. Mr. Jessen moved to suppress the evidence seized, arguing that he had a reasonable expectation of privacy in his property which was violated when the officer entered his property without permission. The trial court denied the motion, finding that the officer was acting on legitimate police business and had limited his entry to an area impliedly open to the public. As such, the initial search was not unlawful. Because we find that Deputy William Huntley did not have consent to be on the property, we reverse.

Thompson, J.

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Related

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Court of Appeals of Washington, 2019
Patricia Comer v. Wayne Colistro, et ux
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State v. Kipp
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State v. Gantt
257 P.3d 682 (Court of Appeals of Washington, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
142 Wash. App. 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jesson-washctapp-2008.