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STATE v. CERRILLO

No. 20386-7-III.

93 P.3d 960 (2004)

122 Wash.App. 341

STATE of Washington, Petitioner, v. Gerardo CERRILLO, Respondent.

Court of Appeals of Washington, Division 3, Panel Two.

July 8, 2004.

Attorney(s) appearing for the Case

John D. Knodell III, Prosecuting Attorney, Carole A. Highland, Teddy E. Chow, Deputy Prosecuting Attorneys, Ephrata, WA, for Appellant.

Garth L. Dano, Garth Dano & Associates, Robert E. Schiffner, Attorney at Law, Moses Lake, WA, for Respondent.

SCHULTHEIS, J.

Washington courts consider a person "seized" when an officer, by physical force or show of authority, restrains the person's freedom of movement and a reasonable person would not believe he or she is free to leave. State v. O'Neill, 148 Wn.2d 564, 574, 62 P.3d 489 (2003). Officers knocked on the window of a parked pickup, woke up Gerardo Cerrillo and a passenger, and asked...

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