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STATE v. BYRD

No. 46997-5-I.

39 P.3d 1010 (2002)

110 Wash.App. 259

STATE of Washington, Respondent, v. Michael BYRD, Appellant.

Court of Appeals of Washington, Division 1.

February 11, 2002.

Attorney(s) appearing for the Case

Jason Brett Saunders, Seattle, for Appellant.

Daniel Jason Clark, Seattle, for Respondent.

GROSSE, J.

A vehicle stop, whether pretextual or not, and no matter how brief, is a "seizure" for purposes of constitutional analysis regarding the validity of the stop. This "seizure" applies to the driver as well as the passengers of the vehicle, who may both contest the validity of the vehicle stop. Furthermore, where a defendant, as does Michael Byrd here, contests the validity of a stop and where, as here, the State appropriately concedes the stop is invalid...

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