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B.-H. walked "right past" Walker, who "wasn't sure it was a gun at that point." RP 19. B.-H. joined four or five other young men. But for B.-H., the men jaywalked across the street despite the presence of several officers. RP 20. B.-H. walked down the street and away from the Transit Center before using a crosswalk to cross the street and rejoin the group. RP 20. Walker surmised B.-H. did not jaywalk because he did not want police to contact him. In Walker's experience, people who carry contraband do not want to commit infractions in front of police officers. RP 20, 25-26. B.-H. walked out of view, and Walker made no attempt to follow him. Nor did he call for other officers to follow B.-H. Instead, he remained on patrol at the Kent Transit Center. RP 20, 26. About 20 minutes later, Walker saw B.-H. again back at the Transit Center. RP 21. B.-H. was amongst a crowd of people, which prevented Walker from seeing his pockets. B.-H. quickly got into a line of people waiting to board a bus to Renton. RP 21, 27. In the same line was an undercover officer Walker recognized as Andrew Schwab, a King County Sheriffs deputy assigned to Metro Transit. RP 21-22, 27-28, 31-32, 37- 38. -4-
Walker observed B.-H. and Schwab board the bus and sit very near each other, with B.-H. sitting in the rear corner. RP 22, 43, 61, 10l. Walker then saw a King County Sheriffs supervisor standing nearby. RP 22. He described B.-H. to the supervisor and told her he believed B.-H. was carrying a gun. RP 22, 27-28, 30. Walker testified he did not have probable cause to arrest B.-H. RP 29. The supervisor called Schwab, described B.-H.'s appearance and location on the bus, and told him a fellow officer believed B.-H. was armed with a handgun. RP 40-41, 59-60. Schwab called a colleague named Steven Johnson and discreetly conveyed what the supervisor had told him, while at the same time watching B.-H. sitting on the bus with his friends. RP 41-45, 74-76. Schwab told Johnson, who had gotten off the bus moments earlier, he had not seen a gun and did not have probable cause to arrest B.-H. RP 76. Johnson devised a plan that involved boarding the bus through the rear doors with three colleagues at an agreed-upon bus stop, quickly contacting B.-H., and removing him from the bus. RP 76-78, 80, 99, 115- 16. And this is what happened. Johnson boarded first, with his gun pointed at B.-H. RP 82, 101. Although he could not say whether his colleagues also displayed their guns, Johnson said, "I would hope they had -5-
Page 2 and 3: TABLE OF CONTENTS Page A. ASSIGNMEN
Page 4 and 5: .. TABLE OF AUTHORITIES (CONT'D) Pa
Page 6 and 7: TABLE OF AUTHORITIES (CONT'D) Page
Page 8 and 9: 5. Even if the consent was voluntar
Page 12 and 13: their guns drawn, yes." RP 108. Joh
Page 14 and 15: his coat pocket or walked with his
Page 16 and 17: 1. Johnson exceeded the limited sco
Page 18 and 19: arrest occurs if, "under the circum
Page 20 and 21: movement appearing to be concealing
Page 22 and 23: was lying handcuffed on the ground
Page 24 and 25: As far as other purported suspiciou
Page 26 and 27: Several factors to be considered in
Page 28 and 29: Johnson knew that without probable
Page 30: APPENDIX

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