STATE v. HARRIS

No. 2563-1.

12 Wn. App. 481 (1975)

530 P.2d 646

THE STATE OF WASHINGTON, Respondent, v. DEWITT ALVIN HARRIS, Appellant.

The Court of Appeals of Washington, Division One.

January 6, 1975.


Attorney(s) appearing for the Case

Demco & Erickson and John W. Demco, for appellant.

Christopher T. Bayley, Prosecuting Attorney, and Edward L. Douglas, Jr., Deputy, for respondent.


SWANSON, C.J.

Dewitt Alvin Harris appeals from the judgment and sentence entered following a jury verdict convicting him of possession of heroin in violation of the Uniform Controlled Substances Act, RCW 69.50.

The primary issue presented is whether the known propensity of an accused to destroy evidence silently by swallowing it may constitute an "exigent and necessitous circumstance" such that a police officer bearing a lawful search warrant may enter the...

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