(DOWNLOAD) "Washington V. Duncan" by Division Three, Panel Four Court of Appeals of Washington " Book PDF Kindle ePub Free
eBook details
- Title: Washington V. Duncan
- Author : Division Three, Panel Four Court of Appeals of Washington
- Release Date : January 28, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
SWEENEY, C.J.--The State appeals a trial court order suppressing marijuana found in a public storage facility rented by James Allen Duncan. It contends that the court did not appropriately defer to the judge issuing the search warrant, erroneously determined that Mr. Duncan had an expectation of privacy in his storage unit, and erroneously concluded that the veracity prong of Aguilar-Spinelli had not been met. Aguilar v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964); Spinelli v. United States, 393 U.S. 410, 89 S. Ct. 584, 21 L. Ed. 2d 637 (1969). We conclude that Mr. Duncan had no expectation of privacy in the storage records, but that the affidavit in support of the search warrant did not satisfy the Aguilar-Spinelli veracity prong nor was the independent police investigation sufficient. We, therefore, affirm the trial court.
 "Washington V. Duncan" by Division Three, Panel Four Court of Appeals of Washington " Book PDF Kindle ePub Free){kind=link}