Summary
The Washington Supreme Court held that police lacked reasonable, articulable suspicion to conduct a warrantless Terry stop of Gary Gatewood. The officers' observations of Gatewood's startled reaction, apparent attempt to hide something, departure from a bus shelter, and mid-block crossing were insufficient to establish reasonable suspicion. The court reversed the convictions and ordered suppression of the firearm and other evidence obtained as fruits of the unlawful seizure.
Topics
Practice areas
Questions Presented
- Whether the officers had a reasonable, articulable suspicion of criminal activity sufficient to justify a Terry investigative stop when they ordered Gatewood to stop.
- Whether evidence obtained after the warrantless seizure was admissible.
Holdings
- The officers lacked reasonable, articulable suspicion based on specific, objective facts to justify seizing Gatewood when they ordered him to stop. His widened eyes, apparent attempt to hide something, departure from the bus shelter, and mid-block street crossing were insufficient to establish that he had committed or was about to commit a crime.
Key quotations
“These facts are insufficient for a Terry stop.” (182 P.3d at 428)
“Officers' seizure of Gatewood was premature and not justified by specific, articulable facts indicating criminal activity.” (182 P.3d at 429)
“Since the initial stop of Gatewood was unlawful, the "subsequent search and fruits of that search are inadmissible."” (182 P.3d at 429)
Factual background
Police officers observed Gatewood sitting in a bus shelter, widening his eyes when he saw their patrol car and twisting his body as if attempting to hide something. After the officers circled back, Gatewood left the shelter, crossed the street mid-block, and walked away when an officer ordered him to stop. When Gatewood reached bushes and reached toward his waistband, the officers drew their guns, handcuffed him, and recovered a loaded handgun; marijuana was found on Gatewood and cocaine was later found in the bus shelter.
Procedural history
The trial court denied Gatewood's motion to suppress at a CrR 3.6 hearing and entered convictions for second degree unlawful possession of a firearm and unlawful possession of marijuana following a jury trial. The Court of Appeals affirmed in an unpublished decision. The Washington Supreme Court granted review, reversed, and ordered suppression of the evidence.
Remand instructions
The court directed that the evidence be suppressed; no separate remand instruction was stated.