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STATE v. A.T. P.-R

No. 23381-2-III.

130 P.3d 877 (2006)

132 Wash.App. 181

STATE of Washington, Respondent, v. A.T. P.-R., Appellant.

Court of Appeals of Washington, Division 3.

March 23, 2006.

Attorney(s) appearing for the Case

Janet G. Gemberling, Gemberling, Dooris & Ladich PS, Spokane, WA, for Appellant.

Kevin G. Eilmes, Prosecuting Attorney's Office, Yakima, WA, for Respondent.

SCHULTHEIS, J.

¶ 1 A police officer investigating whether A.P.-R. was too young to possess cigarettes — a civil infraction — noticed the odor of alcohol coming from Mr. P.-R.'s body. Eventually Mr. P.-R. was arrested and charged with being a minor in possession of alcohol. His motion to suppress evidence obtained when the officer questioned him was denied. He now appeals his disposition, contending he was unconstitutionally seized during the investigation...

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