MYNORTHWEST NEWS

WA State Supreme Court redefines warrantless interrogation, concludes ‘race and ethnicity matter’

Jun 9, 2022, 2:46 PM

court...

The Temple of Justice Washington State (Jason Rosenberg via Flickr)

(Jason Rosenberg via Flickr)

The Washington State Supreme Court has issued a ruling that has the potential to redefine warrantless interrogations and seizures, a protocol police refer to as “Terry stops.”

Thursday’s ruling concludes that “we [the Court] formally recognize what has always been true: in interactions with law enforcement, race and ethnicity matter. Therefore, courts must consider the race and ethnicity of the allegedly seized person as part of the totality of the circumstances,” the court opinion reads.

The ruling stems from an incident wherein a Pierce County Sheriff’s deputy approached an Asian man, Pallo Sum, sleeping in a vehicle at a location that had previously been the site of an arrest connected to a stolen car.

Police monitor finds Seattle police conducted fewest on-record stops in 2021

The deputy asked for the man’s identification, and upon returning to his police car, Sum fled the scene, ultimately crashing. Sum was later charged with multiple felony counts stemming from that flight, as well as his possession of an unregistered firearm.

Sum would appeal, claiming that he was unlawfully seized without reasonable suspicion, noting “there is no justification—aside from unacceptably ignoring the issue of race altogether—for courts considering the totality of the circumstances to disregard the effect of race as one of the circumstances affecting evaluation of police contact.”

“For purposes of this analysis, an objective observer is aware that implicit, institutional, and unconscious biases, in addition to purposeful discrimination, have resulted in disproportionate police contacts, investigative seizures, and uses of force against Black, Indigenous, and other People of Color (BIPOC) in Washington,” the court opinion continues.

“Finally, in accordance with our precedent, if the person shows there was a seizure, then the burden shifts to the State to prove that the seizure was lawfully justified by a warrant or an applicable exception to the warrant requirement.”

MyNorthwest News

Cal Anderson Park...

James Lynch

Cal Anderson Park shooting leaves man injured, suspect in custody

Seattle police are investigating a late-night shooting at Cal Anderson Park that left a 49-year-old man wounded.

29 minutes ago

bellevue gas theft...

James Lynch

‘The first incident of its kind in the area’: Gas theft sparks car fire at Bellevue apartment complex

Bellevue police are investigating a gasoline theft that went dangerously wrong, sparking a car fire at an apartment complex over the weekend.

1 hour ago

Pierce County homicide shot...

Jason Sutich

Detectives investigate after victim found shot in Pierce County shed

A homicide investigation is underway in Pierce County after a victim was found on the floor of a shed with apparent gunshot wounds on Monday.

3 hours ago

bellevue gas thief truck fire...

JASON SLOSS, KIRO 7

Suspected gas thief sparks truck fires at Bellevue apartment complex

A suspected gas thief got away after sparking a truck fire at a Bellevue apartment complex over the weekend.

4 hours ago

wa meth broker fentanyl...

Jason Sutich

Drug broker sentenced to 12.5 years for shipping ‘highly pure’ meth, fentanyl to western Washington

A Phoenix man with prior convictions for drug trafficking was sentenced to 150 months for acting as a broker for massive amounts of meth headed to Washington.

6 hours ago

Neighbors hope a judge will temporarily close Denny Blaine Park due to public masturbation and othe...

Nia Bliss, KIRO 7 News

Neighborhood group claims ‘illicit activity’ caught on camera at Denny Blaine Park again

A neighborhood group claimed a weekend event at Denny Blaine Park brought in a large crowd and lewd acts.

7 hours ago

WA State Supreme Court redefines warrantless interrogation, concludes ‘race and ethnicity matter’