Whether it is a violation of the Fourth Amendment for States to charge and convict a person of obstruction for passively refusing to open the door to their home when officers conduct a warrantless search based on an exception to the warrant requirement?

QUESTION PRESENTED In the middle of the night, police officers came to McLemore’s home and banged on the door, demanding entry without a warrant to investigate a loud argument. McLemore told the officers to show him a warrant or leave. After fifteen minutes, the officers heard glass break and they entered the house pursuant to the community caretaking exception of the warrant requirement. The officers found no evidence of any crimes, but McLemore was arrested, charged and convicted of obstruction for passively refusing to open the door to his home. The Washington Supreme Court issued a split 4-4 opinion that affirmed the conviction and left Washington Law in conflict with precedent established by the United States Supreme Court, the Ninth Circuit Court of Appeals and every other State that has addressed the issue. The question presented is: Whether it is a violation of the Fourth Amendment for States to charge and convict a person of obstruction for passively refusing to open the door to their home when officers conduct a warrantless search based on an exception to the warrant requirement? ii LIST OF PROCEEDINGS 1. King County District Court, West Division, Shoreline Courthouse, State of Washington City of Shoreline, Plaintiff, v. Solomon McLemore, Defendant, No. 616010940 8/17/2016, Denied Motion to Dismiss. App. 43. 9/27-29/2016, Jury Trial, guilty verdict. 9/29/2016, Judgment and Sentence. 2. Superior Court of the State of Washington in and for the County of King City of Shoreline, Respondent, v. Solomon McLemore, Appellant, No. 16-1-07811-3 SEA 6/2/2017, RALJ oral argument and decision affirming the conviction. App. 45. 3. The Court of Appeals of the State of Washington, Division I Solomon McLemore, Petitioner, v. City of Shoreline, Respondent, No. 77094-2-I 11/28/2017, Denied review. App. 47. 3/07/2018, Denied Motion to Modify. App. 55. 4, The Supreme Court of the State of Washington City of Shoreline, Respondent, v. Solomon McLemore, Petitioner, No. 95707-0 10/18/2018, Oral Argument. 4/18/2019, Opinion issued. App. 1 4/19/2019, Order amending Opinion. App. 37. 5/30/2019, Order amending Opinion. App. 39. 5/30/2019, Order denying McLemore’s Motion for Reconsideration. App. 41.