STATE v. MORENO

No. 2537-3.

21 Wn. App. 430 (1978)

585 P.2d 481

THE STATE OF WASHINGTON, Appellant, v. CARLOS MORENO, Respondent.

The Court of Appeals of Washington, Division Three.

October 5, 1978.


Attorney(s) appearing for the Case

Donald C. Brockett, Prosecuting Attorney, and Terence M. Ryan, Deputy, for appellant.

Patrick K. Stiley, for respondent.


GREEN, J.

Carlos Moreno was charged with possession of cocaine, a controlled substance. The trial court granted a motion by Mr. Moreno to suppress the cocaine and dismissed the charge. The State appeals.

The basic issue is whether the use of the cocaine in evidence would violate Mr. Moreno's Fifth Amendment privilege against self-incrimination.

On the morning of June 3, 1977, Detective Johnson of the Spokane Police Department received a telephone tip...

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