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TELLEVIK v. REAL PROPERTY KNOWN AS 31641 WEST RUTHERFORD STREET

No. 60982-9.

125 Wn.2d 364 (1994)

884 P.2d 1319

GEORGE B. TELLEVIK, as Chief of the State Patrol, ET AL, Appellants, v. REAL PROPERTY KNOWN AS 31641 WEST RUTHERFORD STREET, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

December 8, 1994.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, and Roselyn Marcus, Assistant; Driano & Sorenson and Dominick V. Driano, for appellants.

Allen M. Ressler and George Bianchi, for respondents.

Richard J. Troberman on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for respondents.

JOHNSON, J.

This is the second appeal in a drug forfeiture action involving residential property owned by Respondents Donald and Janet Pearson. At issue is the validity of this court's constitutional holding in the prior appeal in light of a recent United States Supreme Court decision, and the meaning of certain language in this court's decision in the prior appeal.

FACTS

On September 26, 1989, members of the Eastside Drug Task Force executed a warrant...

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