STATE v. NETH

No. 81361-2.

196 P.3d 658 (2008)

STATE of Washington, Respondent, v. Joseph Douglas NETH, Appellant.

Supreme Court of Washington, En Banc.

Decided November 26, 2008.


Attorney(s) appearing for the Case

David N. Gasch, Gasch Law Office, Spokane, WA, for Appellant.

Craig Juris, Klickitat County Prosecutor's Office, Goldendale, WA, David Brian Trefry, Attorney at Law, Spokane, WA, for Respondent.

Douglas B. Klunder, Attorney at Law, Seattle, WA, Amicus Curiae on behalf of ACLU.


CHAMBERS, J.

¶ 1 The defendant was stopped for speeding. Neither he nor his passenger had any identification, and some of the information they provided the state patrol trooper was inconsistent. Because the defendant had some plastic baggies in his pocket, said he had several thousand dollars in cash in the car, and acted in ways the investigating trooper considered suspicious, the trooper called for a K-9 unit. The dog alerted for drugs. The trooper impounded...

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