State v. Afana

196 P.3d 770 (2008)

STATE of Washington, Appellant,

v.

Mark Joseph AFANA, Respondent.

No. 26541-2-III.

Court of Appeals of Washington, Division 3.

December 4, 2008.

Andrew J. Metts, III, Spokane County Pros. Offc., Spokane, WA, for Appellant.

Dennis W. Morgan, Attorney at Law, Ritzville, WA, for Respondent.

KULIK, A.C.J.

¶ 1 The question we decide is whether a police officer seized a driver and passenger in a legally parked car when the officer approached and requested identification. Here, Deputy Miller approached Joseph Afana's legally parked car and asked Mr. Afana and his passenger, Jennifer…