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STATE v. WAGNER-BENNETT

No. 60828-2-I.

200 P.3d 739 (2009)

STATE of Washington, Respondent, v. Beverly Ann WAGNER-BENNETT, Appellant.

Court of Appeals of Washington, Division 1.

February 2, 2009.

Attorney(s) appearing for the Case

Casey Grannis, Nielsen Broman & Koch, PLLC, Seattle, WA, for Appellant.

Seth Aaron Fine, Attorney at Law, Snohomish County Prosecutor's Office, Everett, WA, for Respondent.

BECKER, J.

¶ 1 Appellant Beverly Wagner Bennett, arrested in a tribal casino for stealing a casino ticket, was convicted of possession of drugs based on evidence found during a search incident to her arrest. The issue on appeal is whether police had probable cause to arrest her for theft. Wagner-Bennett contends her conduct was equally susceptible to the innocent explanation that she picked up the ticket thinking someone had abandoned it. Considering the ticket...

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