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?

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?