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Criminal Law

: Arbitrary and Capricious

WA: acting weird - now constitutionally protected in Washington State

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See what a little motion to suppress can do. From the Olympian:WA court: Police pat-downs can't be based on odd behaviorIn another nod to the Washington Constitution's broad privacy protections, the state Supreme Court has thrown out the drug conviction of a man who was searched by police solely because of his weird behavior. Thursday's unanimous decision reinforces the rules for simple pat-downs under state law, which offers stronger safeguards against police searches than the U.S. Constitution...The case is State v. Setterstrom (pdf file).From Eye on Olympia:Meth conviction tossed out; police frisk was unjustified...An officer may frisk a person... if stopping the person was justifiable, if the officer has "a reasonable concern of danger" and the scope of the search is limited to finding weapons...continue to full post

Full post as published by Arbitrary and Capricious on May 23, 2008 (boomark / email).

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