State v. Bee Xiong

164 Wash. 2d 506 (2008) · Washington Supreme Court · September 11, 2008 · No. 163 Wn.2d 1001

Summary

The Washington Supreme Court held that police lacked specific, articulable facts supporting a reasonable belief that Bee Xiong was armed and presently dangerous when they reached into his pants pocket after handcuffing and patting him down. The court upheld suppression of the pipe and the evidence obtained from the subsequent search of the minivan, reversed the Court of Appeals, and concluded that the trial court properly suppressed the contraband.

Holdings

  1. A protective frisk requires specific, articulable facts creating an objectively reasonable belief that the suspect is armed and presently dangerous; generalized safety concerns are insufficient. Because the officers lacked such facts as to Bee Xiong, the intrusion into his pants pocket was unlawful.
  2. The subsequent arrest of Bee Xiong was unlawful because it resulted from the unlawful pocket search, and the search of the minivan incident to that arrest was likewise unlawful.

Questions Presented

  1. Whether officers had specific, articulable facts supporting an objectively reasonable belief that Bee Xiong was armed and presently dangerous, thereby justifying a protective frisk that extended into his pants pocket.
  2. Whether the evidence seized from Bee's person and the evidence obtained from the minivan search incident to his arrest should be suppressed.

Disposition

reversed

Cases Cited (14)

  • State v. Bee Xiong, 137 Wn. App. 720, 725, 154 P.3d 318 (2007)(reversed)
  • State v. Mendez, 137 Wn.2d 208, 214, 970 P.2d 722 (1999)(followed)
  • State v. Johnson, 128 Wn.2d 431, 443, 909 P.2d 293 (1996)(followed)
  • Brendlin v. California, 551 U.S. 249, 127 S. Ct. 2400, 168 L. Ed. 2d 132 (2007)(overruled_authority)
  • State v. Galbert, 70 Wn. App. 721, 855 P.2d 310 (1993)(followed)
  • Terry v. Ohio, 392 U.S. 1, 21, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)(followed)
  • State v. Broadnax, 98 Wn.2d 289, 293-95, 654 P.2d 96 (1982)(followed)
  • Sibron v. New York, 392 U.S. 40, 64, 88 S. Ct. 1889, 20 L. Ed. 2d 917 (1968)(followed)
  • State v. Sweet, 44 Wn. App. 226, 234, 721 P.2d 560, review denied, 107 Wn.2d 1001 (1986)(followed)
  • Ybarra v. Illinois, 444 U.S. 85, 92-94, 100 S. Ct. 338, 62 L. Ed. 2d 238 (1979)(followed)

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