State v. Cerrillo

Washington courts consider a person “seized” when an officer, by physical force or show of authority, restrains the person’s freedom of movement and a reasonable person would not believe he or she is free to leave. State v. O’Neill, 148 Wn.2d 564, 574, 62 P.3d 489 (2003). Officers knocked on the window of a parked pickup, woke up Gerardo Cerrillo and a passenger, and asked for Mr. Cerrillo’s identification. Mr. Cerrillo smelled of intoxicants. Later, one of the officers saw Mr. Cerrillo driving and stopped and arrested him for driving under the influence of alcohol. The trial court concluded…