STATE v. SUM

No. 99730-6.

511 P.3d 92 (2022)

STATE of Washington, Respondent, v. Palla SUM, a/k/a Pallo Sum, a/k/a San Kim Sum, Petitioner.

Supreme Court of Washington.

Filed June 9, 2022.


Attorney(s) appearing for the Case

Jennifer M. Winkler , Nielsen Koch & Grannis, PLLC, 2200 6th Ave. Ste. 1250, Seattle, WA, 98121-1820, for Petitioner.

Britta Ann Halverson , Pierce County Prosecuting Attorney, Anne Elizabeth Egeler , Pierce County Prosecutor's Office, 930 Tacoma Ave. S. Rm. 946, Tacoma, WA, 98402-2171, for Respondent.

Brian Richard Flaherty , La Rond Baker , Katherine Elizabeth Hurley , King County Department of Public Defense, 710 2nd Ave. Ste. 200, Seattle, WA, 98104-1703, for Amicus Curiae King County Department of Public Defense.

Julia Mizutani , Attorney at Law, Nancy Lynn Talner , ACLU-WA, P. O. Box 2728, Seattle, WA, 98111-2728, for Amicus Curiae American Civil Liberties Union of Washington.

Jessica Levin , Robert S. Chang , Melissa R. Lee , Seattle University School of Law, 901 12th Ave., Korematsu Center For Law & Equality, Seattle, WA, 98122-4411, for Amicus Curiae Fred T. Korematsu Center for Law and Equality.

Alexandria Marie Hohman , The Washington Defender Association, 110 Prefontaine Pl. S. Ste. 610, Seattle, WA, 98104-2626, for Amicus Curiae Washington Defender Association.


¶1 This case concerns the analysis that courts must apply to determine whether a person has been seized by law enforcement for purposes of article I, section 7 of the Washington Constitution. It is well established that an encounter with law enforcement rises to the level of a seizure if "considering all the circumstances, an individual...

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