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STATE v. HARRINGTON

No. 81719-7.

222 P.3d 92 (2009)

STATE of Washington, Respondent, v. Dustin Warren HARRINGTON, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 10, 2009.

Attorney(s) appearing for the Case

Susan Marie Gasch, Gasch Law Office, Spokane, WA, for Petitioner.

Adrienne Michelle Farabee, Benton County Prosecutors Office, Scott Wayne Johnson, Mendoza Law Office PS, Kennewick, WA, for Respondent.

Douglas B. Klunder, Attorney at Law, Seattle, WA, for Amicus Curiae on behalf of American Civil Liberties Union.

SANDERS, J.

¶ Law enforcement officers arrested petitioner Dustin Warren Harrington after patting him down and finding a glass pipe in his pocket. The State contends the search was consensual and flowed from a valid social contact. Harrington asserts police officers unconstitutionally seized him, violating his rights under the Fourth Amendment to the United States Constitution and article I, section 7 of the Washington Constitution. The trial court denied his...

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