STATE v. SMITH

No. 11000-1-III.

61 Wn. App. 482 (1991)

810 P.2d 982

THE STATE OF WASHINGTON, Respondent, v. CLAYTON DONALD SMITH, Appellant.

The Court of Appeals of Washington, Division Three.

May 30, 1991.


Attorney(s) appearing for the Case

John A. Maxwell and Meyer, Fluegge & Tenney, for appellant.

Jeffrey C. Sullivan, Prosecuting Attorney, and Charles Hanify, Deputy, for respondent.


SHIELDS, A.C.J.

Clayton Smith was found guilty of possession of cocaine. He appeals, contending the State's evidence should have been suppressed as fruit of an illegal search. We reverse the decision denying suppression, vacate the conviction and dismiss the charge.

On March 30, 1990, a Yakima police officer drove her patrol car toward a gathering of young people in a parking lot at the intersection of 44th Avenue and Nob Hill Boulevard in Yakima. As the officer...

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