Kalmas v. Wagner

In Kalmas v. Wagner, 133 Wn.2d 210, 943 P.2d 1369 (1997), the Court considered a federal civil rights violation claim against two deputy sheriffs who entered a tenant's premises at tenant's request as part of a landlord-tenant dispute. Citing Mennegar, we reiterated the rule: "Whether an encounter made for noncriminal noninvestigatory purposes is reasonable depends on a balancing of the individual's interest in freedom from police interference against the public's interest in having the police perform a 'community caretaking function.'" Kalmas, 133 Wn.2d at 216-17 (holding there was no unreasonable search because the tenant had invited the deputies into the residence). The Court concluded the exception applied when one of the parties "called 911 asking for police assistance." Under a routine check on safety, "whether an encounter made for noncriminal noninvestigatory purposes is reasonable depends on a balancing of the individual's interest in freedom from police interference against the public's interest in having the police perform a 'community caretaking function.'" Id.