State v. Villarreal

*646Schultheis, C. J.

(dissenting) — This record does not show that Yakima County Deputy Sheriff J.L. Aguilar had a reasonable suspicion Ruben Villarreal, Jr., was engaged in criminal activity. The resulting seizure and search were therefore unjustified.

First, the deputy was not engaged in a community caretaking function when he seized Mr. Villarreal. The community caretaking exception to the warrant requirement involves police-citizen contact initiated for noncriminal, noninvestigatory purposes. State v. Lynch, 84 Wn. App. 467, 477, 929 P.2d 460 (1996). To determine whether a community caretaking…