State v. Boethin
State v. Boethin
Opinion of the Court
¶1 In this prosecution for unlawfully manufacturing marijuana, Walter James Boethin appeals
¶3 One accesses the property by turning north from the public street and traveling along a gravel driveway. As one approaches the home itself, the driveway becomes paved and gradually widens to encompass much of the front of the house.
¶4 The home’s front door faces south. So do its two garage doors. The west edge of the west garage door is a little less than 20 feet east of the front door. The front door is above ground level and is reached by ascending several stairs. The front door and the garage doors were closed at all times material here.
¶5 At the times pertinent here, a woodpile existed in front of the east side of the west garage door. A BMW vehicle was parked in the paved driveway area, just southwest of the woodpile. A boat was parked in front of the easterly part of the garage doors, and a pickup truck was parked just south of the boat.
¶6 At 2:30 p.m. on February 27, 2003, Detectives Edward Alba and Michael Johnson arrived at the home to investigate a suspected indoor marijuana grow operation. Although they did not have probable cause or a warrant, they planned to knock, talk with whoever came to the door, and, while doing that, try to smell marijuana. They parked in the southerly part of the driveway’s pavement and approached the front steps by walking diagonally and to their left (in a northwesterly direction). When they reached the steps, Johnson ascended to the front door, knocked, and waited for a response.
¶7 While Johnson was waiting at the front door, Alba left the area of the stairs and walked more than 20 feet to the
¶8 Meanwhile, Johnson was still waiting for a response at the front door. When Alba said that he had smelled marijuana, Johnson walked to where Alba had sniffed, put his nose “a couple of inches” from the crack, and also smelled marijuana. No one ever did come to the front door.
¶9 Based on the smell emanating from the garage, the officers obtained a search warrant. When they served it, they found that the garage contained 22 growing marijuana plants and 11 pounds of cut marijuana.
¶10 The State charged Boethin with manufacturing marijuana. He moved to suppress, but the trial court denied his motion. Following a bench trial on stipulated facts, he was convicted and sentenced to 30 days in jail, with work release if he qualified.
¶11 Boethin argues on appeal that he was “disturbed in his private affairs .. . without authority of law.” He cites and relies on Washington Constitution, article I, section 7, which provides that “[n]o person shall be disturbed in his private affairs, or his home invaded, without authority of law.”
|12 A police officer may enter areas around a home that are impliedly open to the public, such as an access route or walkway leading up to the home.
¶13 In State v. Seagull,
¶14 In State v. Vonhof,
¶15 In State v. Rose,
¶17 Having held that the officers’ olfactory observations of marijuana were unlawful, we next inquire whether the remainder of the information in the search warrant affidavit shows probable cause. It clearly does not. Accordingly, the marijuana must be suppressed, and the case must be dismissed.
¶18 Reversed with directions to dismiss.
Houghton and Armstrong, JJ., concur.
State v. Ross, 91 Wn. App. 814, 818, 959 P.2d 1188 (1998), aff’d, 141 Wn.2d 304, 4 P.3d 130 (2000).
State v. Seagull, 95 Wn.2d 898, 901, 632 P.2d 44 (1981). Although this case interprets the fourth amendment to the United States Constitution, the Washington State Supreme Court has applied its holding to cases interpreting article I, section 7 of our state constitution. State v. Vonhof, 51 Wn. App. 33, 751 P.2d 1221, review denied, 111 Wn.2d 1010 (1988), cert. denied, 488 U.S. 1008 (1989).
State v. Myers, 117 Wn.2d 332, 345, 815 P.2d 761 (1991); Seagull, 95 Wn.2d at 903.
Seagull, 95 Wn.2d at 902-03.
Seagull, 95 Wn.2d at 903.
95 Wn.2d 898, 905, 632 P.2d 44 (1981).
51 Wn. App. 33, 751 P.2d 1221 (1988).
128 Wn.2d 388, 909 P.2d 280 (1996).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.