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STATE v. XIONG

No. 24553-5-III.

154 P.3d 318 (2007)

STATE of Washington, Appellant, v. Bee XIONG, Respondent.

Court of Appeals of Washington, Division 3.

March 27, 2007.

Attorney(s) appearing for the Case

Kevin Michael Korsmo, Attorney at Law, Spokane, WA, for Appellant.

Eric J. Nielsen, Eric Broman, Nielsen Broman & Koch PLLC, Seattle, WA, for Respondent.

BROWN, J.

¶ 1 Officers attempting to serve a warrant mistook Bee Xiong for his brother Kheng Xiong. While sorting out the identification, a protective frisk led to a pipe with drug residue. Bee Xiong was arrested. The search incident to Bee Xiong's arrest led to the State's charge for methamphetamine possession with intent to deliver. The trial court suppressed the evidence, and terminated the case. The State appealed. Because the evidence was seized during a...

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