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STATE v. EVERETT DISTRICT COURT

No. 45023.

90 Wn.2d 794 (1978)

585 P.2d 1177

THE STATE OF WASHINGTON, on the Relation of Robert E. Schillberg, Respondent, v. EVERETT DISTRICT JUSTICE COURT, ARNOLD E. ZEMPLE, JUDGE, Appellant.

The Supreme Court of Washington, En Banc.

November 2, 1978.

Attorney(s) appearing for the Case

Keith L. Kessler (of Kessler, Urmston & Sever), for appellant.

Robert E. Schillberg, Prosecuting Attorney, and David G. Metcalf and Carl K. Chen, Deputies, for respondent.

ROSELLINI, J.

We are asked to determine the constitutionality of JCrR 2.10(e) providing for the return of property unlawfully seized.

David R. Allen was arrested in Lynnwood for possession of stolen property. In the back seat of his automobile were a number of items of merchandise, some of which matched the description of items taken that day from a store in Everett. The merchandise was seized. Allen was booked and jailed, and on the following day he was arraigned...

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