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STATE v. BARNES

No. 16798-4-III.

978 P.2d 1131 (1999)

STATE of Washington, Respondent, v. Ivan Earl BARNES, Appellant.

Court of Appeals of Washington, Division 3, Panel Three.

June 24, 1999.

Attorney(s) appearing for the Case

Donald G. Miller, Spokane, for Appellant.

Janet G. Gemberling, Deputy Prosecuting Attorney, Spokane, for Respondent.

SWEENEY, J.

In this search and seizure case, a Spokane police officer stopped Ivan Barnes because he thought Mr. Barnes had an outstanding warrant. He was wrong. The question presented is whether Mr. Barnes' encounter with the police officer was consensual. We conclude it was not and reverse.

FACTS

Spokane Police Officer Felix Moran spotted Ivan Barnes approaching the corner of First and Madelia on May...

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