STATE v. CORD

No. 50381-8.

103 Wn.2d 361 (1985)

693 P.2d 81

THE STATE OF WASHINGTON, Respondent, v. RONALD R. CORD, Appellant.

The Supreme Court of Washington, En Banc.

January 10, 1985.


Attorney(s) appearing for the Case

Robert G. Eisele, for appellant.

John G. Wetle, Prosecuting Attorney, Dan B. Johnson, Deputy, and John E. Lamp, Special Deputy, for respondent.

James E. Lobsenz on behalf of the American Civil Liberties Union, amicus curiae for appellant.


UTTER, J.

Can a search warrant be valid when it is based upon an affidavit which contained a relevant omission of fact? If the warrant is facially valid and the omission neither intentional nor made with reckless disregard for the truth, such a warrant may be upheld and we do so in this case.

On August 20, 1982, Captain Ken Meyer of the Stevens County Sheriff's Department received an anonymous tip that appellant, Ronald Cord, was growing marijuana at his ranch...

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