State v. Rook

This is an appeal by the State of Washington from a pretrial order granting the defendants’ motion to suppress evidence obtained as a result of an alleged unlawful search. The defendants have moved to dismiss the appeal, contending that this court lacks jurisdiction to entertain the appeal.

The sole question presented by this appeal is whether or not the state has a right to appeal an order suppressing evidence in a criminal case under CAROA 14(8) subdivision (5) when the prosecutor believes that he cannot obtain a conviction without using the suppressed evidence. That rule provides in part:

An…