STATE v. HOUVENER | FindLaw
Court of Appeals of Washington,Division 3. STATE of Washington, Appellant, v. Jacob Sterling HOUVENER , Respondent. No. 25332-5-III. Decided: June 26, 2008 Byron Bedirian, Prosecutor's Office, Colfax, WA, for Appellant. Timothy Harold Esser , Libey Ensley Esser & Nelson, Pullman, WA, for Respondent. ¶ 1 Jacob Sterling Houvener , a student at Washington State University , was charged with residential burglary . Relying on his Fourth Amendment presentation , the trial court suppressed the State's evidence. 1 WE CONCLUDE THAT The evidence was properly suppressed because it was unlawfully obtained by police when an officer conducted a building-wide search of the interior hallways of the dormitory without a warrant. We therefore affirm. FACTS ¶ 2 According to the trial court's unchallenged findings of fact, at about 5:45 a.m. on February 11, 2006, Washington State University Police Officer Matthew Kuhrt responded to a reported burglary on the third floor of t...