Court of Appeals of Washington November 23, 2004, No. 30404-0-II (State v. Rathbun)

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Bridgewater, J.

— The State appeals the trial court’s order of dismissal nunc pro tunc, in which it found that evidence of methamphetamine and drug paraphernalia was improperly seized. Robert K. Rathbun had been working on a truck, but at the time of his arrest, he was 40 to 60 feet away from the truck and had jumped a fence.