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Washington v. Boot

filed: May 7, 1996.

STATE OF WASHINGTON, APPELLANT,
v.
KEVIN JEREMY BOOT, RESPONDENT.



Appeal from SUPERIOR COURT SPOKANE COUNTY. Superior Court No: 94-8-00287-9. Date filed in Superior Court: 4/13/94. Superior Court Judge signing: MARCUS KELLY.

Author: Dennis J. Sweeney, Concurring: Ray E. Munson & John A. Schultheis

Author: Sweeney

SWEENEY, C.J.--Fourth Amendment rights are personal. State v. Jones, 68 Wash. App. 843, 847, 845 P.2d 1358, review denied, 122 Wash. 2d 1018, 863 P.2d 1352 (1993). They may be enforced "only at the instance of one whose own protection was infringed by the search and seizure."'" State v. Simpson, 95 Wash. 2d 170, 174, 622 P.2d 1199 (1980) (quoting Rakas v. Illinois, 439 U.S. 128, 138, 99 S. Ct. 421, 58 L. Ed. 2d 387 (1978)). Kevin J. Boot was in the basement of a Spokane residence when two police officers entered to investigate a juvenile drinking party. Two juveniles told

police that Mr. Boot had threatened them with a gun. Mr. Boot was charged with two counts of second degree

assault. He moved to suppress the gun found in the basement and the testimony of the juveniles. The court granted the motion. The State appeals. We reverse.

FACTS

Shortly after midnight on March 5, 1994, Deputies Matthew Lyons and Shane McClary were dispatched to a north Spokane neighborhood after receiving a radio report that shots had been fired. The officers approached the only house in the area with lights on.

Deputy McClary knocked on the door and identified himself. When the door opened, he smelled the odor of beer and saw juveniles with beer bottles. The deputies entered the residence. Their primary concern was that shots had been fired from the house.

Deputy McClary asked the juvenile who opened the front door who the owner of the house was. The juvenile shrugged his shoulders and gave only a vague answer. Deputy McClary asked three other juveniles who the owner of the house was. Amelia Contreras told the officers that her family owned the house.

For safety reasons, the officers tried to gather the eight juveniles present into the living room. Mr. Boot was in the basement. A few of the juveniles admitted they heard shots fired, but all denied the shots came from the house.

At some point, a man arrived at the house and said, "Who's the guy with the gun?" He told police that his girlfriend (one of the juveniles present) had called him and said she had been threatened. Police questioned the girlfriend. She told them Mr. Boot had threatened to kill her and had held a gun to her head. A second juvenile also told police that Mr. Boot had ...


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