STATE v. MADDOX

No. 74076-3.

98 P.3d 1199 (2004)

STATE of Washington, Respondent, v. Christopher Dorian MADDOX, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 14, 2004.


Attorney(s) appearing for the Case

Steven Whitman Thayer, Vancouver, for Petitioner.

Leann Shill Larson, Richard Alan Melnick, Pros. Attys. Office, Vancouver, for Respondent.


IRELAND, J.

In this case we consider whether probable cause must be redetermined by a magistrate when information acquired after issuance of a search warrant, but before its execution, negatively impacts probable cause. We hold that when law enforcement receives information that, if believed, negates probable cause, the officers must return to the magistrate for reevaluation of probable cause. Because probable cause was not...

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