4.20.26 - Exceptions to the 4th Amendment - Warrants & Probable Cause

An officer of the Washington State University police department observed a student leave a dormitory carrying a bottle of gin; because Overdahl appeared to be under 21 (the minimum age allowable under Washington law for possession of alcoholic beverages), the officer stopped him and asked for identification. After Overdahl requested to retrieve his identification from his dormitory room, the officer accompanied him there and, while remaining in the open doorway watching Overdahl and his roommate (respondent), noticed what he believed to be marihuana seeds and a pipe lying on a desk in the room. The officer then entered the room, confirmed that the seeds were marijuana, and determined that the pipe smelled of marihuana, and informed Overdahl and the respondent of their rights under Miranda v. Arizona, 384 U.S. 436 . The students indicated their willingness to waive such rights, and after the officer asked if there were any other drugs in the room, the respondent gave him a box which contained more marijuana and cash. After a second officer arrived, the students voluntarily consented, orally and in writing, to a search of the room, which yielded more marihuana and another controlled substance. The respondent was later charged with two counts of possessing controlled substances