IN RE ARMED ROBBERY

No. 48714-6.

99 Wn.2d 106 (1983)

659 P.2d 1092

In the Matter of ARMED ROBBERY.

The Supreme Court of Washington, En Banc.

March 3, 1983.


Attorney(s) appearing for the Case

Matthew W. Peach and William Johnston, for appellant.

David S. McEachran, Prosecuting Attorney, for respondent.

Jim Lobsenz on behalf of the American Civil Liberties Union, amicus curiae for appellant.


PEARSON, J.

Appellant Mr. T appeals an order of the Superior Court directing him to appear in a physical lineup. The only issue before us is whether the order was valid. We hold that the order violated the federal and state constitutions because it constituted a seizure of Mr. T on less than probable cause.

On April 21, 1982, the prosecuting attorney for Whatcom County sought a court order requiring Mr. T to show cause why he should not be ordered to appear...

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