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STATE v. RODRIGUEZ

No. 4988-1-II.

32 Wn. App. 758 (1982)

650 P.2d 225

THE STATE OF WASHINGTON, Appellant, v. RICHARD RODRIGUEZ, Respondent.

The Court of Appeals of Washington, Division Two.

August 16, 1982.

Attorney(s) appearing for the Case

David Bruneau, Prosecuting Attorney, and Kenneth Cowsert, Chief Deputy, for appellant.

S. Brooke Taylor, for respondent.

PETRICH, A.C.J.

The State of Washington appeals from an order suppressing evidence. The issue on appeal is whether evidence seized during a consensual search preceded by an illegal detention must necessarily be suppressed. We believe that in the event the consent was voluntary and untainted by the prior detention, the evidence seized should not be suppressed. We therefore reverse and remand to the trial court to determine whether the consent of the defendant was free...

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