STATE v. ORCUTT

No. 3178-2.

22 Wn. App. 730 (1979)

591 P.2d 872

THE STATE OF WASHINGTON, Respondent, v. RANDALL A. ORCUTT, Appellant.

The Court of Appeals of Washington, Division Two.

February 26, 1979.


Attorney(s) appearing for the Case

Roethler & McCulloch and Clifford R. Kuhn, for appellant (appointed counsel for appeal).

Henry Dunn, Prosecuting Attorney, for respondent.


PEARSON, C.J.

Defendant appeals his conviction for possession of psilocybin mushrooms, a controlled substance under RCW 69.50.401(c). The sole issue on appeal is whether a warrantless search of his automobile by the police which resulted in discovery of the mushrooms was constitutionally permissible. We hold that the evidence should have been suppressed.

The sequence of factual events culminating in the search commenced when Officer Sewell of the Kelso Police...

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