STATE v. SPARGO

No. 4562-II.

30 Wn. App. 949 (1982)

639 P.2d 782

THE STATE OF WASHINGTON, Appellant, v. JAY EDWARD SPARGO, Respondent.

The Court of Appeals of Washington, Division Two.

January 14, 1982.


Attorney(s) appearing for the Case

Curtis M. Janhunen, Prosecuting Attorney, and Michael G. Spencer, Deputy, for appellant.

David L. Edwards, for respondent.


PETRICH, J.

Following an order of termination the State appeals, as permitted by RAP 2.2(b)(2), the trial court's suppression of critical evidence in a possession of controlled substance case because of noncompliance with the "knock and announce" rule.1

The issue on appeal is whether the reviewing court, when asked to justify noncompliance with the knock and announce rule, is limited to the information presented to the magistrate...

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