Washington Supreme Court
State v. Thang
March 7, 200241 P.3d 1159
Summary
The court held that police constitutionally searched the apartment because Thang, a guest, lacked a reasonable expectation of privacy in the common areas and the tenants validly consented. It also held that evidence of Thang's prior attack on an elderly woman was inadmissible under the identity purpose of ER 404(b) because the crimes were not sufficiently distinctive or signature-like, and his preemptive testimony did not waive appellate review. The court reversed and ordered a new trial.