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STATE v. NUSBAUM

No. 30638-7-II.

107 P.3d 768 (2005)

STATE of Washington, Respondent, v. David Alan NUSBAUM, Appellant.

Court of Appeals of Washington, Division 2.

March 1, 2005.

Attorney(s) appearing for the Case

Timothy A. Drury, Kitsap Co. Pros. Office, Port Orchard, WA, for Respondent.

Richard Jonathan Troberman, Richard J. Troberman PS, Seattle, WA, for Appellant.

ARMSTRONG, J.

¶ 1 David Alan Nusbaum pleaded guilty to felony possession of a controlled substance, flunitrazepam. On the day he was arrested, officers searched his residence under a warrant and seized several firearms. Nusbaum sought the return of his firearms, arguing that the search warrant was invalid because the issuing magistrate authorized it only on the condition that the controlled substances were delivered and taken into the home, and this never occurred...

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