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WA: Detaining defendant as a robbery victim to get his story was reasonable, necessary, and lawfully led to his arrest for marijuana possession

By John Wesley Hall, Jr.

Defendant was a robbery and assault victim and he was questioned by the police. His status evolved from victim to marijuana possession suspect, and the officer’s questioning of him was reasonable. State v. Mitchell, 143 Wn. App. 1024, 2008 Wash. App. LEXIS 553 (March 3, 2008), ordered published June 17, 2008: ¶11 The police officers waited while Mitchell was receiving emergency medical care and treatment for his injuries before interviewing him. They then detained him only long enough to interview him, transport him to attend a show up identification and provide a written statement, and return him to the scene of the assault. These types of arrangements are ordinarily reasonable and constitutionally permissible. It is very difficult to investigate or prosecute a crime without witnesses...continue to full post

Full post as published by Fourth Amendment on June 26, 2008 (boomark / email).