Volume 51 — Washington Appellate Reports

<bold>[1] Searches and Seizures — Open View — Constitutional Search —</bold> <bold>Factors.</bold> Whether the discovery of openly perceptible criminal activity by a governmental official legitimately visiting private property constitutes a search for purposes of the constitutional warrant requirement depends on the particular facts and circumstances. A court will consider whether the discovery was accidental and made during daylight hours and whether the official spied into a residence, took the normal and most direct route necessary to conduct his business, and acted openly and without subterfuge.<page_number>Page 34</page_number> <bold>[2] Searches and Seizures — Warrant — Affidavit — Sufficiency —</bold> <bold>Test.</bold> An affidavit supporting the issuance of a search warrant is sufficient to establish probable cause to search if it sets forth the factual circumstances underlying the affiant's personal beliefs and gives the magistrate good reason to believe that criminal activity has occurred.

<bold>[1] Appeal — Findings of Fact — Failure to Assign Error —</bold> <bold>Effect.</bold> A finding of fact to which no error is assigned becomes a verity on appeal. <bold>[2] Master and Servant — Termination — Damages — Back Pay —</bold> <bold>Master's Sale of Business.</bold> Back pay awarded for a wrongful termination of an at-will employment may be limited to the period prior to the defendant employer's good faith sale of the business. The determination is one of discretion in the light of the circumstances and the proof, with the objective of placing the employee in the position he would have occupied had the wrongful termination not occurred. <bold>[3] Master and Servant — Termination — Damages — Future Earnings</bold> <bold>— Burden of Proof.</bold> An employee who has been wrongfully terminated from an at-will employment has the burden of proving future earnings that were lost because of the wrongful termination.<page_number>Page 796</page_number> <bold>[4] Master and Servant — Termination — Damages — Offset for</bold> <bold>Unemployment Compensation.</bold> An award of back pay to an employee for wrongful termination should not be offset by unemployment compensation received by the employee. <bold>[5] Master and Servant — Wages — Damages for Nonpayment —</bold> <bold>Attorney Fees — Back Pay.</bold> Back pay and future earnings awarded to an employee wrongfully terminated constitute "wages" for purposes of RCW <cross_reference>49.48.030</cross_reference>, which provides for attorney fees upon a successful action to recover wages owed.