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STATE v. SWEENEY

No. 22439-2-III.

107 P.3d 110 (2005)

STATE of Washington, Appellant, v. Thomas Allen SWEENEY, Respondent.

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

February 15, 2005.

Attorney(s) appearing for the Case

Kevin M. Korsmo, Deputy Prosecuting Attorney, Spokane, WA, for Appellant.

Douglas D. Phelps, Phelps & Associates, Spokane, WA, for Respondent.

KURTZ, J.

¶ 1 A Spokane County detective instructed a municipal garbage collector to place Thomas A. Sweeney's garbage into an empty hopper and drive the garbage truck a few blocks away. There, the detective searched the garbage and found evidence used to obtain a search warrant for Mr. Sweeney's residence. Mr. Sweeney was charged with the manufacture of methamphetamine; but the trial court suppressed the evidence obtained from the search of the garbage and terminated...

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