STATE v. GALBERT

No. 28973-0-I.

70 Wn. App. 721 (1993)

855 P.2d 310

THE STATE OF WASHINGTON, Respondent, v. ERVIN GALBERT, Appellant.

The Court of Appeals of Washington, Division One.

July 26, 1993.


Attorney(s) appearing for the Case

Neal John Philip of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Mark Stockdale, Deputy, for respondent.


PEKELIS, A.C.J.

Ervin Galbert appeals his conviction for possession of cocaine. Galbert contends that the trial court erred in failing to suppress evidence seized pursuant to an unlawful frisk. We agree and reverse.

I

On January 15, 1991, Seattle police executed a search warrant at 1115 Yakima Avenue South, number 3. The search warrant instructed the officers to search the premises for narcotics, and it authorized the officers to seize: "[c]ocaine...

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