Legal Opinion

State v. Smith

Court of Appeals of Washington

Decided April 24, 2008No. 26010-1-IIIPublishedCited by 7 opinions

1Opinion of the Court

Thompson, J.*

¶1 Law enforcement officers drew their guns and ordered occupants out of a car that had arrived at a residence where police were about to serve a search warrant. The officers had no reasonable articulable suspicion occupant Tana Loy Smith had committed or was about to commit a crime or that she was a threat to anyone’s safety. As a result of the detention, police found methamphetamine in the car. We conclude that the seizure violated Ms. Smith’s Fourth Amendment rights and reverse the trial court’s denial of her suppression motion and the conviction upon which the evidence is…

2Cases cited24 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Minnesota v. DickersonSupreme Court of the United States · 1993
  4. Ybarra v. IllinoisSupreme Court of the United States · 1980
  5. Michigan v. SummersSupreme Court of the United States · 1981

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3Cited by7 opinions

  1. State of Washington v. Otoniel CarrieroCourt of Appeals of Washington · 2019
  2. State v. SmithCourt of Appeals of Washington · 2008
  3. State v. YoungCourt of Appeals of Washington · 2012
  4. State Of Washington v. Andre Jean AshCourt of Appeals of Washington · 2018
  5. State Of Washington, V Clarissa Alisha LopezCourt of Appeals of Washington · 2019

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