State v. Houvener, Washington Court of Appeals, Division III, filed June 26, 2008.
Around 5:45 AM on February 11, 2006, campus police responded to a reported burglary on the third floor of a dormitory complex on the campus of Washington State University. The officer learned that the resident’s laptop computer and acoustic guitar had been stolen. Campus police initiated a search of the dormitory complex. Campus police started on the top of the complex, either the 12th or 13th floor, and walked the halls, eventually reaching the 6th floor.
Mr. Houvener and another person were in Mr. Houvener’s room on the 6th floor and the campus police heard voices and music which seemed suspicious around 6 AM. The police listened at the threshold and heard someone say he was paranoid they were going to be caught and a second voice say he didn’t think the victim would call the cops. The campus police officer put his finger over the peephole and tried a ruse to gain entry. The residents ignored the ruse until the officer identified himself as a police officer and ordered them to open the door. Mr. Houvener opened the door. The officer, dressed in his police uniform and armed, asked Mr. Houvener to step into the hallway and down the hall with him. Mr. Houvener complied. Campus police asked Mr. Houvener questions and he made incriminating statements that some of the items in the room didn’t belong to him.
