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STATE v. IBARRA-CISNEROS

No. 82219-1.

263 P.3d 591 (2011)

172 Wn.2d 880

STATE of Washington, Respondent, v. Gilberto IBARRA-CISNEROS, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 20, 2011.

Attorney(s) appearing for the Case

Janelle Carman , Carman Law Office, Walla Walla, WA, C. Dale Slack , Law Office of C. Dale Slack, Dayton, WA, for Petitioner.

Gabriel Eliud Acosta , Attorney at Law, Walla Walla, WA, Teresa Jeanne Chen , Attorney at Law, Pasco, WA, for Respondent.

Daniel J. Walker , Susman Godfrey LLP, Seattle, WA, Douglas B. Klunder , Attorney at Law, Seattle, WA, amicus counsel for American Civil Liberties.

STEPHENS, J.

¶ 1 Petitioner Gilberto Ibarra-Cisneros and his brother, Adrian Ibarra-Raya, were separately prosecuted on drug charges in November 2006. Both moved unsuccessfully to suppress evidence discovered as a result of the warrantless search of Ibarra-Raya's home. In particular, Ibarra-Cisneros argued to suppress the evidence against him as the fruit of the unlawful use of Ibarra-Raya's cell phone, which was seized during the search. The Court of Appeals...

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