State v. Edwards

Defendant waived a trial by jury and appeals his conviction of possessing heroin.

First, he contends he was denied equal protection of the law because the prosecuting attorney had discretion to charge him with unlawful possession of heroin under RCW 69.33, or to charge him with possession of dangerous drugs under RCW 69.40. Our Supreme Court ruled adversely to this contention in State v. Tanksley, 78 Wn.2d 553, 477 P.2d 926 (1970), which is controlling.

Defendant next contends the warrantless search in the instant case was an unreasonable search of his personal effects within the meaning of the…