STATE v. DAUGHERTY

No. 3008-2.

22 Wn. App. 442 (1979)

591 P.2d 801

THE STATE OF WASHINGTON, Respondent, v. JAMES JOSEPH DAUGHERTY, Appellant.

The Court of Appeals of Washington, Division Two.

January 17, 1979.


Attorney(s) appearing for the Case

William G. Knudsen of Kitsap County Public Defender, for appellant.

C. Danny Clem, Prosecuting Attorney, and Ronald A. Franz, Deputy, for respondent.


PETRIE, J.

James J. Daugherty appeals his convictions of second-degree burglary and second-degree theft. His primary contention on appeal is that the trial court erred by refusing to suppress evidence seized by the police in his garage. We hold that the evidence was seized in violation of the fourth amendment to the United States Constitution. Accordingly, we must reverse the convictions.

The evidence presented at the suppression hearing establishes the following...

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