WA: While Washington recognizes pretext stops, a mixed motive is not unconstitutional

While Washington recognizes pretext stops, a mixed motive is not unconstitutional. State v. Arreola, 176 Wn.2d 284, 290 P.3d 983 (2012), rev’g State v. Arreola, 163 Wn. App. 787, 260 P.3d 985 (2011):

¶1 The issue in this case is whether a traffic stop motivated primarily by an uncorroborated tip, but also independently motivated by a reasonable articulable suspicion of a traffic infraction, is unconstitutionally pretextual under article I, section 7 of the Washington State Constitution and State v. Ladson, 138 Wn.2d 343, 979 P.2d 833 (1999).

¶2 We hold that a mixed-motive traffic stop is not pretextual so long as the desire to address a suspected traffic infraction (or criminal activity) for which the officer has a reasonable articulable suspicion is an actual, conscious, and independent cause of the traffic stop. So long as a police officer actually, consciously, and independently determines that a traffic stop is reasonably necessary in order to address a suspected traffic infraction, the stop is not pretextual in violation of article I, section 7, despite other motivations for the stop.