STATE v. BESSETTE

No. 18838-8-III.

21 P.3d 318 (2001)

105 Wash.App. 793

STATE of Washington, Petitioner, v. Harry Joseph BESSETTE, Respondent.

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

April 17, 2001.


Attorney(s) appearing for the Case

Aaron G. Walls, Deputy Pros. Atty., Okanogan, for Petitioner.

Aaron F. Dalan, Yakima, Kelli K. Armstrong, Mt. Vernon, for Respondent.


SWEENEY, J.

Both the Fourth Amendment to the United States Constitution and article I, section 7, of the Washington State Constitution require a warrant based on probable cause to search a home. Omak Police Officer James E. Bucsko saw a juvenile holding a beer bottle. He chased the juvenile to Harry Bessette's home. Officer Bucsko tried to enter the home to seize the suspect. Mr. Bessette refused entry and demanded a warrant.

The State charged and convicted...

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