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State v. Le
Washington Court of Appeals
103 Wash. App. 354,12 P.3d 653 (2000)
Officer Diana Nollette responded to a neighbor’s report of a burglary, and she saw two men fleeing the home. Nollette and one of the men stared at each other for about 10 seconds, but Nollette ultimately lost track of both men. About 15 minutes later, police broke into a house without a warrant because they believed that a suspect ran inside of it. Inside, police arrested Tan Le (defendant), who resided there. Nollette was called to the house, and she identified Le as the burglary suspect who she looked at closely though Nollette noted that Le was wearing different clothing from that suspect. Three hours had passed between Nollette’s original sighting and postarrest identification of Le. Le was charged with residential burglary and firearm theft. The trial court suppressed physical evidence seized from Le’s home, but it refused to suppress Nollette’s postarrest identification. The jury acquitted Le of firearm theft and convicted him of residential burglary. Le appealed.
Rule of Law
Holding and Reasoning (Baker, J.)
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