{"id":2045,"date":"2008-07-21T15:31:29","date_gmt":"2008-05-03T18:04:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-05-04T18:12:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2045","title":{"rendered":"TN: Parole search for no apparent reason is invalid"},"content":{"rendered":"

Suspicionless parole search of defendant’s house after a traffic stop and a search of her car that produced nothing was invalid. Samson<\/em><\/a> applies California law which is different than Tennessee law. State v. Turner<\/a>, 2008 Tenn. Crim. App. LEXIS 321 (April 29, 2008). Comment:<\/em> This case falls squarely under the “parole search for the hell of it” doctrine, and it is invalid.<\/p>\n

“Stop, I need to talk to you” is a seizure. State v. Gatewood<\/a>, 163 Wn.2d 534, 182 P.3d 426 (2008):<\/p>\n

The State concedes that when Longley said “‘Stop, I need to talk to you,'” it was a seizure. Resp’t’s Br. at 13 n.7 (citing State v. Friederick<\/em>, 34 Wn. App. 537, 541, 663 P.2d 122 (1983)); see State v. O’Neill<\/em>, 148 Wn.2d 564, 577, 62 P.3d 489 (2003) (holding that commanding a person to stop is a seizure). Thus, we only need to analyze the facts known to the officers up to this point: (1) Gatewood’s widened eyes upon seeing the patrol car, (2) his twist to the left like he was trying to hide something, (3) his departure from the bus shelter, and (4) his crossing the street mid-block.<\/p>\n

These facts are insufficient for a Terry<\/em><\/a> stop. Startled reactions to seeing the police do not amount to reasonable suspicion. State v. Henry<\/em>, 80 Wn. App. 544, 552, 910 P.2d 1290 (1995) (nervousness is not sufficient for Terry stop). Although Gatewood twisted to the side, Longley did not see what, if anything, Gatewood was hiding. Flight from police officers may be considered along with other factors in determining whether officers had a reasonable suspicion of criminal activity, State v. Little<\/em>, 116 Wn.2d 488, 496, 806 P.2d 749 (1991), but Gatewood did not flee from the police.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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