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WA: Being under influence is not reason for a frisk

By John Wesley Hall, Jr.

Being under the influence was not a reason for a frisk because there was no indication that the defendant was armed. State v. Setterstrom, 2008 Wash. LEXIS 481 (May 22, 2008): ¶17 We do not find such a basis here. The police received an anonymous call claiming Setterstrom was under the influence, heard a lie about his name, and observed his nervous, fidgety behavior. The record shows no threatening gestures or words. Setterstrom did not even stand. At most, the record shows that Setterstrom was under the influence; this is not a crime in itself. Evidence support conclusion that the officers had reasonable suspicion of wrongdoing for a frisk during traffic stop. United States v. Bowen, 2008 U.S. App. LEXIS 10981 (9th Cir. May 12, 2008) (unpublished)...continue to full post

Full post as published by Fourth Amendment on May 24, 2008 (boomark / email).