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Race must be considered in determining legality of police stops and seizures, WA state Supreme Court rules
Seattle Times ^ | David Gutman

Posted on 06/18/2022 2:38:20 PM PDT by nickcarraway

The Washington state Supreme Court on Thursday ruled that a person’s race, and law enforcement’s long history of discrimination against people of color, should be taken into account when determining the legality of police seizures.

The court also clarified state law to say police have seized a person if an objective observer would conclude that the person was not free to leave or refuse a request. But, the court wrote, that “objective observer” must be aware that discrimination and biases “have resulted in disproportionate police contacts, investigative seizures, and uses of force against Black, Indigenous, and other people of color.”

“Today, we formally recognize what has always been true: In interactions with law enforcement, race and ethnicity matter,” Justice Mary Yu wrote for the unanimous court. “Therefore, courts must consider the race and ethnicity of the allegedly seized person as part of the totality of the circumstances when deciding whether there was a seizure.”

The case concerns Palla Sum, a person of color, who was sleeping in his car in Tacoma one morning in April 2019 when police came upon him. An officer ran his plates and determined the car was not stolen.

The officer knocked on the window, asked Sum questions and asked him for identification.

Sum gave a false name and the officer went back to his cruiser to check records. Sum then drove off, crashed into a front lawn and was caught as he attempted to run away.

He was subsequently charged with making a false statement, attempting to flee police and unlawful possession of a firearm, after a gun was found in his car.

But Sum argued his statements to police should be inadmissible, because he was “unlawfully seized” by police after the officer asked for his identification and said there had been car thefts in

(Excerpt) Read more at seattletimes.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Washington
KEYWORDS: oldnews
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1 posted on 06/18/2022 2:38:20 PM PDT by nickcarraway
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To: nickcarraway

How?, many blacks have the windows heavily tinted.


2 posted on 06/18/2022 2:40:20 PM PDT by D Rider ( )
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To: nickcarraway

They’re doomed. Scoop ‘em up with a ‘dozer and bury ‘em.
I’m talking about the legislature and legal system of Seattle, of course.


3 posted on 06/18/2022 2:42:39 PM PDT by Da Coyote
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To: nickcarraway

At first blush it appears that this decision is not based upon legal reasoning, but rather upon political posturing.


4 posted on 06/18/2022 2:43:31 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: nickcarraway; woodpusher
Race must be considered in determining legality of police stops and seizures, WA state Supreme Court rules

Ha ha ha ha ha!!!

5 posted on 06/18/2022 2:45:41 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: D Rider

Uh, some other folks have tinted windows too.


6 posted on 06/18/2022 2:46:27 PM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
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To: nickcarraway

So, no more traffic stops for suspected Negroes. If the stopped driver says he identifies as a Negro then let him go on his way with effuse apologies Then prepare for the lawsuit and loss of job.


7 posted on 06/18/2022 2:48:18 PM PDT by arthurus (| covfefe o)
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To: nickcarraway

.........what we need is a law that requires a Supreme Court Judge, after he/she/it has been “approved” but before taking his/her/it’s seat, to ride along on an 8 hour shift with the cops in the worst crime district in the state.

After 365 nights x 8 hours they can take their seat on the bench.


8 posted on 06/18/2022 2:49:49 PM PDT by Cen-Tejas
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To: nickcarraway

Don’t want to arrest too many black criminals, or George Soros and others like him will get mad.


9 posted on 06/18/2022 2:51:30 PM PDT by euram
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To: nickcarraway

Institutional racism. They say it’s everywhere.


10 posted on 06/18/2022 2:52:10 PM PDT by Spok (Don’t pee down my leg and tell me it’s raining.)
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To: arthurus

I was self identifying as a little green alien but may reconsider the green part.


11 posted on 06/18/2022 2:52:26 PM PDT by bgill (Which came first, the vax or the virus?)
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To: nickcarraway

The WSSC is a collection of senile old men and stupid women.


12 posted on 06/18/2022 2:53:19 PM PDT by Steve_Seattle
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To: BenLurkin
..this decision is not based upon legal reasoning, but rather upon political posturing.

Of course it is, they aren't interpreting law, they are writing it because....diversity.

Washington State Now Has the Most Diverse Supreme Court In History

Excerpt: “Being a black, gay, female, immigrant, disabled judge … my perspective is a little different,” said Justice Grace Helen Whitener.

13 posted on 06/18/2022 2:53:33 PM PDT by PROCON (Sic Semper Tyrannis)
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To: Steve_Seattle
The WSSC is a collection of senile old men and stupid women.

Don't forget lesbians and the disabled.

Washington State Now Has the Most Diverse Supreme Court In History

14 posted on 06/18/2022 2:55:30 PM PDT by PROCON (Sic Semper Tyrannis)
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To: nickcarraway

You might as well just say cops can only stop white colored cars.


15 posted on 06/18/2022 3:00:03 PM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: nickcarraway

Scenario...

I got this island in the Caribbean.

On this island there are 1000 inhabitants.

Five hundred are Caucasian. Three hundred are Hispanic. One hundred are Asian and one hundred African American.

What happens if fifty percent of all crimes are committed by twenty five percent of one hundred people, and they are not arrested and prosecuted?

The island won’t last very long.

5.56mm


16 posted on 06/18/2022 3:03:49 PM PDT by M Kehoe (Quid Pro Joe and the Ho got to go.)
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To: nickcarraway

Despite what affirmative-action bureaucratic-parasite racists say (without evidence), traffic laws are not enforced disproportionately, they are broken disproportionately.

https://anncoulter.com/2014/09/03/speed-kills-racial-profiling-study/


17 posted on 06/18/2022 3:04:45 PM PDT by E. Pluribus Unum (Contempt for pre-born human life breeds contempt for post-born human life.)
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To: nickcarraway
Sen. Wilson:“Unfortunately, there are a rising number of voices on the left who do not believe in equality for every person under the law.”

The left does not believe in equality. It's EQUITY they seek. Just a slick way of calling it reverse discrimination.
18 posted on 06/18/2022 3:05:33 PM PDT by Impala64ssa (If a liar's pants really did catch on fire CBC, ABC, CNN and MSNBC would be more fun to watch)
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To: rktman

Yeah...but how do you know their race until you pull them over?


19 posted on 06/18/2022 3:06:26 PM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: nickcarraway; All
"The Washington state Supreme Court on Thursday ruled that a person’s race, and law enforcement’s long history of discrimination against people of color, should be taken into account when determining the legality of police seizures."

This is an example of judges legislating from the bench imo.

Corrections, insights welcome.

H O W E V E R...

These days, I wouldn't be surprised if federal and state career lawmakers tip their hats to activist justices who legislate from the bench, especially in an election year, justices having better job security.

Also, Trump's red tsunami of patriot supporters are reminded that they must vote twice this election year. Your first vote is to primary career RINO incumbents. Your second vote is to replace outgoing Democrats and RINOs with Trump-endorsed patriot candidates.

Again, insights welcome.

20 posted on 06/18/2022 3:08:32 PM PDT by Amendment10 ( )
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