State v. Montes-Malindas

¶1 An unlawful pretext stop occurs when a police officer stops a vehicle in order to conduct a speculative criminal investigation unrelated to the driving, and not for the purpose of enforcing the traffic code. State v. Ladson, 138 Wn.2d 343, 349, 351, 979 P.2d 833 (1999). Here, after viewing the suspicious behavior of occupants of a van in a parking lot, an officer decided to surveil the parties. The van left the parking lot without its headlights *257on. The officer followed. After the headlights were turned on a short time later, the officer pulled the van over. We conclude that this…