STATE v. SMITH

No. 79917-2.

199 P.3d 386 (2009)

STATE of Washington, Respondent, v. Brent Richard SMITH, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 22, 2009.


Attorney(s) appearing for the Case

Dennis W. Morgan, Attorney at Law, Ritzville, WA, for Petitioner.

Heather Dawn Kintzley, Andrew K. Miller, Benton County Prosecutor's Office, Kennewick, WA, for Respondent.

Nancy Lynn Talner, Attorney at Law, Seattle, WA, Amicus Curiae on behalf of American Civil Liberties.

Lila Jane Silverstein, Washington Appellate Project, Seattle, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.


OWENS, J.

¶ 1 A jury convicted petitioner Brent Richard Smith of methamphetamine manufacture based on evidence gathered in a warrantless search of the abandoned house he occupied. The issue here is whether the facts of the case support an exception to the search warrant requirement.

¶ 2 After a suppression hearing, the trial court concluded that the search fell under the "emergency" exception to the warrant requirement and admitted the evidence....

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