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CHISM v. WASHINGTON STATE

No. 10-35085.

661 F.3d 380 (2011)

Todd M. CHISM, individually and as husband and wife; Nicole C. Chism, individually and as wife and husband, Plaintiffs-Appellants, v. WASHINGTON STATE; Washington State Patrol; Rachel Gardner, individually; John Sager, individually, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2011.

Amended November 7, 2011.

Attorney(s) appearing for the Case

Robert A. Dunn and Susan C. Nelson , Dunn & Black, P.S., Spokane, WA, for plaintiff-appellants Todd M. Chism and Nicole C. Chism.

Robert M. McKenna , Attorney General, and Catherine Hendricks , Senior Counsel, Seattle, WA, for defendants-appellees Rachel E. Gardner and John Sager.

Opinion by Judge PAEZ; Dissent by Judge IKUTA.

ORDER

The opinion filed on August 25, 2011 is amended as follows.

Footnote one, appearing on page 16313 of the Slip Opinion, is deleted, and is replaced with the following text.

<<The search warrant authorizing the search of Todd Chism's home and place of business stated that probable cause existed for violations of Revised Code of Washington §§ 9.68A.050, 9.68A.060, and 9.68A.070. Section 9.68A.050 prohibits "dealing in depictions...

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