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STATE v. SMITH

No. 18940-2-II.

941 P.2d 691 (1997)

87 Wash.App. 254

The STATE of Washington, Respondent, v. Thomas Whitcomb SMITH, Appellant.

Court of Appeals of Washington, Division 2.

August 8, 1997.

Attorney(s) appearing for the Case

Rachel Anne Brooks, Prosecuting Attys. Office, Port Angeles, for Respondent.

W. Brent Basden, Wolfley, Hoffer & Basden, P.S., Port Angeles (court appointed), for Appellant.

HOUGHTON, Chief Judge.

Thomas Whitcomb Smith was convicted, after a trial on stipulated facts, of unlawful possession of a controlled substance. He appeals, challenging the validity of the telephonic search warrant. We reverse.

FACTS

On April 5, 1994, Officer Madison obtained three telephonic search warrants from a superior court judge authorizing the search of Smith, his home, and his car. After the judge issued the telephonic warrants, Madison...

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