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State v. Westvang

Court of Appeals of Washington, Division 2

October 10, 2014

The State of Washington, Respondent ,
v.
Christine Kay Westvang, Appellant

Appeal from Cowlitz Superior Court. Docket No: 11-1-00334-2. Judge signing: Honorable James J Stonier. Judgment or order under review. Date filed: 10/04/2011.

Catherine E. Glinski, for appellant.

Susan I. Baur, Prosecuting Attorney, and Sean M. Brittain, Deputy, for respondent.

Authored by Lisa Worswick. Concurring: Linda CJ Lee, Bradley A. Maxa.

OPINION

Page 1025

[184 Wn.App. 3] Worswick, J.

¶ 1 In the case of State v. Ruem, 179 Wn.2d 195, 313 P.3d 1156 (2013), our Supreme Court held that Ferrier [1] warnings are not required when law enforcement officers seek consent to enter a home to execute an arrest warrant. In light of this opinion, we reconsider our May 21, 2013 decision reversing Christine Westvang's conviction for unlawful possession of a controlled substance with intent to deliver and now affirm Westvang's conviction.

FACTS

I. Substantive Facts

¶ 2 In 2011, officer Spencer Harris and detective Kevin Sawyer were attempting to locate a fugitive, Scott Miller, who had an active warrant for his arrest. Detective Sawyer had received an informant's tip that Miller was at Christine Westvang's home. Upon arrival at Westvang's home, the officers informed her that they were looking for Miller; she responded that he was not there. Detective Sawyer then asked Westvang's

Page 1026

permission to enter the home to look for Miller, and although Sawyer did not give Westvang the full Ferrier warnings, he informed Westvang that she did not have to consent to the search. Westvang consented to the search.

¶ 3 Westvang led the officers through her living room, kitchen, and bedroom, but they did not find Miller. Returning [184 Wn.App. 4] to the living room, the officers saw a desk upon which were substances the officers recognized as methamphetamine and marijuana, as well as small plastic " baggies," a digital scale with ...


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