STATE v. SHELLY

Nos. 12521-8-II; 12577-3-II.

58 Wn. App. 908 (1990)

795 P.2d 187

THE STATE OF WASHINGTON, Respondent, v. BELINDA SUE SHELLY, ET AL, Appellants.

The Court of Appeals of Washington, Division Two.

August 21, 1990.


Attorney(s) appearing for the Case

Robert W. Huffhines, for appellants (appointed counsel for appeal).

C.C. Bridgewater, Jr., Prosecuting Attorney, and Arlen R. Sturm, Deputy, for respondent.


PETRICH, J.

Belinda Sue Shelly and Keith Neer appeal their convictions on stipulated facts of possession of a controlled substance with intent to deliver, claiming that critical evidence seized in their apartment should have been suppressed. The basis of Shelly's motion to suppress concurred in by Neer was the violation of the "knock and announce rule," which implements the guaranties of the Fourth Amendment and is codified at RCW 10.31.040, when police entered defendants...

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