STATE v. BAILEY

No. 28010-1-III.

224 P.3d 852 (2010)

STATE of Washington, Appellant, v. James Joseph BAILEY, Respondent.

Court of Appeals of Washington, Division 3.

February 2, 2010.


Attorney(s) appearing for the Case

Kevin Gregory Eilmes, Prosecuting Attorney's Office, Yakima, WA, for Appellant.

David L. Donnan, Lila Jane Silverstein, Washington Appellate Project, Seattle, WA, for Respondent.


¶ SWEENEY, J.

¶ 1 A police officer may not seize or even stop a citizen without probable cause to believe a crime has been committed or at least without some reasonable suspicion of criminal activity. Here, an officer asked the defendant if he had a minute and further asked the defendant what he was doing. The trial court concluded that the defendant was seized and suppressed drug evidence recovered by the officer. We conclude that the encounter amounted...

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