STATE v. BARBER

No. 56416-7.

118 Wn.2d 335 (1992)

823 P.2d 1068

THE STATE OF WASHINGTON, Respondent, v. DARRON W. BARBER, Petitioner.

The Supreme Court of Washington, En Banc.

February 6, 1992.


Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, and Timothy Michael Blood, Deputy, for petitioner.

Jesse Wm. Barton of Washington Appellate Defender Association, for respondent.

Jeffrey L. Needle on behalf of American Civil Liberties Union, amicus curiae for respondent.


ANDERSEN, J.

FACTS OF CASE

At issue in this case is whether racial incongruity, i.e., a person of any race being allegedly "out of place" in a particular geographic area, can ever constitute a finding of reasonable suspicion of criminal behavior; we hold that it cannot.

On the evening in question, a police officer observed three young men walking along the 13300 block of Northeast Eighth Street in Bellevue, Washington. One of the three was...

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