Legal Opinion

State v. Bailey

Court of Appeals of Washington

Decided February 2, 2010No. 28010-1-IIIPublishedCited by 21 opinions

1Opinion of the CourtSweeney, J.

¶1 A police officer may not seize or even stop a citizen without probable cause to believe a crime has been committed or at least without some reasonable suspicion of criminal activity. Here, an officer asked the defendant if he had a minute and further asked the defendant what he was doing. The trial court concluded that the defendant was seized and suppressed the drug evidence recovered by the officer. We conclude that the encounter amounted to a “social contact” and that the defendant was not seized. And we reverse the order to suppress and remand the case for further proceedings.

FACTS

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2Cases cited20 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. MendenhallSupreme Court of the United States · 1980
  3. State v. LadsonWashington Supreme Court · 1999
  4. State v. O'NeillWashington Supreme Court · 2003
  5. State v. LadsonWashington Supreme Court · 1999

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3Cited by21 opinions

  1. State v. Z.U.E.Court of Appeals of Washington · 2014
  2. State v. HowertonCourt of Appeals of Washington · 2015
  3. State v. SaggersCourt of Appeals of Washington · 2014
  4. State v. DILUZIOCourt of Appeals of Washington · 2011
  5. State v. JohnsonCourt of Appeals of Washington · 2010

16 more not listed; retrieve them via the Exa API.

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