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1. Johnson exceeded the limited scope of an investigative detention. The Fourth Amendment and article I, section 7 of the Washington Constitution prohibit unreasonable searches and seizures. State v. Day, 161 Wn.2d 889, 893, 168 P.3d 1265 (2007). Warrantless searches and seizures are generally per se unreasonable and the State bears the burden of demonstrating the applicability of a recognized exception to this rule. Id. at 893-94. "Exceptions to the warrant requirement are limited and narrowly drawn." State v. Parker, 139 Wn.2d 486, 496, 987 P.2d 73 (1999). One recognized exception to the warrant requirement is the investigative detention. State v. Garvin, 166 Wn.2d 242, 249, 207 P.3d 1266 (2009). An investigative detention is justified if the officer reasonably suspects the person is committing or is about to commit a crime. Id., at 250. In B.-H.'s case, the only source for suspicion was Officer Walker, who said he saw "[a] heavy hard object" that was "about six inches long" on the bottom of B.-H.'s coat pocket. RP 18, 26. Neither Schwab nor Johnson developed any independent suspicion. This scenario implicates the "fellow officer rule." An investigative detention under the "fellow officer rule" is justified only if the officer -10-
conveying his knowledge has enough information to support a reasonable suspicion of criminal activity. See State v. Gaddy, 152 Wn.2d 64, 71, 93 P.3d 872 (2004) (applying fellow officer rule to standard of probable cause for arrest). B.-H. disputes the court's conclusion that lohnson's actions did not exceed the permissible scope of an investigative detention. This Court reviews conclusions oflaw de novo. State v. Doughty, 170 Wn.2d 57, 61, 239 P.3d 573 (2010). In deciding this question, courts look to the purpose of the stop, the amount of the intrusion on the suspect's freedom of movement, and the length of the detention. State v. Williams, 102 Wn.2d 733, 740, 689 P.2d 1065 (1984). Factors include the nature of the suspected crime, the degree of suspicion, the location of the stop, the time of day, and the suspect's reaction to the police to determine whether the amount of intrusion is reasonable. State v. Belieu, 112 Wn.2d 587, 600, 773 P.2d 46 (1989). "The investigative methods must be the least intrusive means reasonably available." Belieu, 112 Wn.2d at 599 . Nevertheless, an investigative detention does not automatically become an arrest when an officer points a gun at a suspect. Belieu, 112 Wn.2d at 598-99 (1989) (citing United States v. Serna-Barreto, 842 F.2d 965 (7th Cir. 1988)). An -11-
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 10 and 11: B.-H. walked "right past" Walker, w
Page 12 and 13: their guns drawn, yes." RP 108. Joh
Page 14 and 15: his coat pocket or walked with his
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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