STATE v. GRAFFIUS

No. 31577-3-I.

74 Wn. App. 23 (1994)

871 P.2d 1115

THE STATE OF WASHINGTON, Appellant, v. JOHN G. GRAFFIUS, Respondent.

The Court of Appeals of Washington, Division One.

May 2, 1994.


Attorney(s) appearing for the Case

Seth R. Dawson, Prosecuting Attorney, and David F. Thiele, Deputy, for appellant.

J. Bradley Meagher and Meagher & French, for respondent.


SCHOLFIELD, J.

The State appeals an order suppressing evidence of marijuana, arguing that a police officer's intentional, but nonintrusive, open view of marijuana in a garbage can did not violate John G. Graffius' right to privacy. We agree and reverse.

Narcotics detectives received a tip from the FBI that Graffius was growing marijuana. Because they did not have enough information to establish probable cause for a warrant, the detectives decided to conduct...

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