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STATE v. FERGUSON

No. 22319-1-III.

128 P.3d 1271 (2006)

STATE of Washington, Appellant, v. Clarence S. FERGUSON, Respondent.

Court of Appeals of Washington, Division 3.

Reconsideration Denied March 24, 2006.

Attorney(s) appearing for the Case

James A. Von Sauer, Ferry County Prosecuting Attorney, Republic, WA, for Appellant.

David N. Gasch, Attorney at Law, Spokane, WA, for Respondent.

PUBLISHED OPINION

BROWN, J.

¶ 1 The trial court dismissed the State's prosecution against Clarence Ferguson after suppressing controlled substance evidence found in a warrantless car trunk search and evidence it believed stemmed from that search. Here, the State mainly contends the trial court erred in granting suppression because the court misapplied the manifest necessity doctrine to a car-trunk search. While the trial court properly excised certain...

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