{"id":8372,"date":"2013-06-01T15:45:25","date_gmt":"2013-02-15T09:55:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-02-15T09:55:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8372","title":{"rendered":"WA: Stop near gang shooting was with reasonable suspicion on totality"},"content":{"rendered":"

An officer responding to a call of shots fired in a gang dispute stopped a car \u201churriedly\u201d leaving the scene a block away when the occupants had rival gang colors to the area they were in. This was reasonable suspicion on the totality because of the officer’s knowledge of the local gangs. The stop was to see what they knew. State v. Moreno<\/a>, 173 Wn. App. 479, 294 P.3d 812 (2013) ( dissent<\/a>):<\/p>\n

A police officer may rely on his experience to evaluate apparently innocuous facts. Martinez, 135 Wn. App. at 180 (citing State v. Samsel, 39 Wn. App. 564, 570-71, 694 P.2d 670 (1985)). Facts \u201cwhich appear innocuous to the average person may appear incriminating to a police officer in light of past experience.\u201d Samsel, 39 Wn. App. at 570. Police officers are not required to set aside that experience. Id. at 570-71. Mr. Moreno argues the stop here was based on nothing more than a hunch. But here, officers were essentially responding to a crime in progress. See Thompson, 93 Wn.2d at 842; Martinez, 135 Wn. App. at 181-82. Multiple reports of gunfire had been reported one block away just moments before the stop. Sergeant Salinas had considerable experience with gangs in this specific area. He knew the shots came in a Sure\u00f1o neighborhood. He saw Mr. Bojorquez was wearing a red shirt, associated with the rival Norte\u00f1o gang. He knew people would not be expected to wear red in a Sure\u00f1o neighborhood. He saw the car hurriedly leaving the alley given the poor alleyway conditions. Given all, Sergeant Salinas reasonably believed \u201cthis car is somehow involved or \u2026 they can tell me more about what’s happened.\u201d RP at 57.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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