If you are charged with a crime, in part, due to a firearm found during a search without a warrant it is essential to determine whether the search constituted an unreasonable search and seizure and therefore, the evidence of the gun should be suppressed.
A Washington court of appeals recently discussed the grounds for permitting a Terry stop, an exception to the rule a warrant is needed to conduct a search, in assessing whether to overturn convictions based on a firearm and other evidence found during the stop. If you are charged with a firearm related crime, it is in your best interest to retain an experienced Washington criminal defense attorney to fight to preclude evidence that the State should not be permitted to use.
Facts Regarding the Traffic Stop
Reportedly, in the early morning hours of October 16, 2015, the police received four calls within a few minutes regarding an active shooter at a gas station. A police officer responded to the call and observed two men sitting in an SUV near the entrance of the gas station parking lot. The men matched the description of the shooters that were provided in the 911 calls. The officer initiated a traffic stop and ordered the passengers of the SUV to exit the vehicle. The passengers were frisked, handcuffed, read their Miranda warnings, and placed in the back of a police car.