STATE v. CRUZ

NO. 93732-0.

404 P.3d 70 (2017)

STATE of Washington, Petitioner, v. Eric Daniel CRUZ, Respondent.

Supreme Court of Washington.

Filed November 2, 2017.


Attorney(s) appearing for the Case

Karl F. Sloan , Attorney General of Washington — MFCU, Po Box 40114, Olympia, WA, 98504-0114, Branden Eugene Platter , Okanogan County Prosecutor's Office, Po Box 1130, Okanogan, WA, 98840-1130, Pamela Beth Loginsky , Washington Association of Prosecuting Attorney, 206 10th Ave Se, Olympia, WA, 98501-1311, Counsel for Petitioner.

Ronald Alan Hammett , Law Office of Ronald A. Hammett, Po Box 3940, Omak, WA, 98841-3940, Counsel for Respondent.

Criminal Justice — Sexually Violent Predator Unit Attorney General, Attorney at Law, 800 Fifth Avenue Suite 2000, Ms-tb-14, Seattle, WA, 98104, Michael Mackaman Young , Attorney General's Office, Po Box 40100, 1125 Washington St Se, Olympia, WA, 98504-0100, Peter B. Gonick , Kelly Paradis , Washington Attorney General's Office, Po Box 40100 Olympia, WA, 98504-0100, Amicus Curiae on behalf of Washington State Patrol, Amicus Curiae on behalf of Washington Department of Fish and Wildlife.

Criminal Justice — Sexually Violent Predator Unit Attorney General, Attorney at Law, 800 Fifth Avenue Suite 2000, Ms-tb-14, Seattle, WA, 98104, Michael Mackaman Young , Attorney General's Office, Po Box 40100, 1125 Washington St Se, Olympia, WA, 98504-0100, Peter B. Gonick , Kelly Paradis , Washington Attorney General's Office, Po Box 40100 Olympia, WA, 98504-0100, Amicus Curiae on behalf of Washington Department of Fish and Wildlife.


¶ 1 In 2012, Officer Troy McCormick of the Washington State Department of Fish & Wildlife saw Eric Daniel Cruz illegally "snag" a salmon in the Similkameen River. McCormick arrested Cruz for this misdemeanor fishing violation. McCormick also handcuffed Cruz, searched his body, and found no weapons, but further questioned...

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