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STATE v. SPRING

No. 53487-4-I.

115 P.3d 1052 (2005)

STATE of Washington, Respondent, v. Frank Tyler SPRING, Appellant.

The Court of Appeals of Washington, Division One.

July 18, 2005.

Attorney(s) appearing for the Case

William Johnston, Bellingham, WA, for Appellant.

Philip J. Buri, Special Deputy Prosecutor, Whatcom County Prosecutor's Office, Bellingham, WA, for Respondent.

PUBLISHED IN PART

ELLINGTON, A.C.J.

¶ 1 An unlawful entry by police does not invalidate a subsequent search warrant so long as the unlawful entry did not prompt the decision to seek the warrant, and lawfully obtained evidence established probable cause. Here, lawfully obtained evidence supported the warrant. But the court did not determine whether the officers' decision to seek the warrant was prompted by the previous unlawful entry. We therefore remand...

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