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Justices press attorneys on whether Ferrier warnings must be given before searching fenced pasture
Summary
At oral argument in State v. Mercedes on Sept. 26, 2024, defense counsel Matthew Catalo urged the Washington Supreme Court to require Ferrier warnings before officers seek consent to search private fenced pastures; the state—s Amanda Campbell countered that Ferrier is limited to homes and curtilage. The justices probed how a rule would work in rural settings and whether it would encourage law enforcement to relabel investigative contacts as welfare checks.
SEPT. 26, 2024 — The Washington Supreme Court considered whether a longstanding protective rule known as Ferrier warnings must apply when police ask to search fenced private land outside a home.
Matthew Catalo, defense counsel for Mary Margaret Mercedes, told the court that "Under Article 1, section 7, miss Mercedes had a constitutional protection against warrantless searches of her private property." Catalo said officers visited Mercedes—s property on seven occasions, drove down her long driveway and, without informing her of the right to refuse or limit consent, asked to search the fenced pasture.
Amanda Campbell, deputy prosecuting attorney for Snohomish County, urged a narrower reading. "Law…
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