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STATE v. SMITH

No. 58374-9.

119 Wn.2d 675 (1992)

835 P.2d 1025

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

The Supreme Court of Washington, En Banc.

September 10, 1992.

Attorney(s) appearing for the Case

Jeffrey C. Sullivan, Prosecuting Attorney, and C. Bruce Hanify, Deputy, for petitioner.

John A. Maxwell, Jr. (of Meyer, Fluegge & Tenney, P.S.), for respondent.

Lenell Nussbaum on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for respondent.

JOHNSON, J.

This case requires us to determine whether a search of an arrestee's "fanny pack" or "waist purse"1 is reasonable where the search is contemporaneous with the arrest and the arrestee was wearing the fanny pack just prior to the arrest. The trial court found Clayton D. Smith guilty of possession of cocaine, based on evidence found during a search of his fanny pack. The Court of Appeals concluded that the search was unreasonable...

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