United States v. Bennie Demetrius Washington

GOULD, Circuit Judge:

On the night that led to the conviction of Bennie Demetrius Washington (“Washington”) and .this appeal, Washington was seated in his lawfully parked car, on a dark Portland street not long before midnight. Portland police officer Daryl Shaw (“Shaw”) decided to initiate investigatory contact with Washington, though he lacked reasonable suspicion or probable cause of criminal activity. During this encounter, Washington consented to a search of his person, was ordered out of and directed away from his car, and was searched. Washington thereafter consented to a search of his…