STATE v. EISELE

No. 927-2.

9 Wn. App. 174 (1973)

511 P.2d 1368

THE STATE OF WASHINGTON, Appellant, v. CONNIE EISELE, Respondent.

The Court of Appeals of Washington, Division Two.

June 22, 1973.


Attorney(s) appearing for the Case

Henry R. Dunn, Prosecuting Attorney, and C.C. Bridgewater, Jr., Deputy, for appellant.

Barry Dahl (of Walstead, Mertsching, Husemoen, Donaldson & Barlow), for respondent (appointed counsel for appeal).


ARMSTRONG, J.

The state appeals from an order of dismissal entered in a prosecution for possession of a controlled substance after the trial court suppressed the evidence obtained in a search of the defendant's apartment.

The sole issue raised in this appeal is: May a police officer lawfully search a residence for LSD pursuant to a search warrant which commands him to search for marijuana? We hold that the officer may not.

On June 28, 1972 Detective...

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