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State v. Kelly

March 24, 1997

STATE OF WASHINGTON, RESPONDENT,
v.
KEMMORA A. KELLY, APPELLANT.



Appeal from Superior Court of King County. Docket No: 95-1-08192-1. Date filed: 05/13/96. Judge signing: Hon. William L. Downing.

PER CURIAM. Kemmora Kelly was charged with possession of cocaine with intent to deliver within 1,000 feet of a school bus route stop in violation of the Uniform Controlled Substances Act. Kelly moved to suppress the cocaine police found on his person at the time of his detention. The trial court denied the motion and admitted the evidence. The jury convicted Kelly as charged.

On appeal, Kelly argues the trial court erred in denying the motion to suppress. The State concedes the trial court erred because officers were without sufficient information to conduct a valid investigative detention (a "Terry *fn1 stop") when they detained Kelly. The State also concedes that, even if the officers effectuated a valid stop, their search, which revealed the cocaine, exceeded the permissible scope of the stop. We have reviewed the record and are satisfied the State's concession that the search ...


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