Washington State Courts
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TABLE OF AUTHORITIES (CONT'D) Page United States v. Serna-Barreto 842 F.2d 965 (7th Cir. 1988) ................................................................... 11 United States v. Taylor 716 F.2d 701 (9th Cr. 1983) ..................................................................... 14 Willowby v. City of Philadelphia 946 F.Supp. 369 (E.D. Pa. 1996) ............................................................. 18 RULES, STATUTES AND OTHER AUTHORITIES RCW 9.41.070 ......................................................................................... 17 U.S. Const. Amend IV ....................................................................... 10, 18 Wash. Const. Art. I, § 7 ............................................................................ 10 -v-
A. ASSIGNMENTS OF ERROR 1. The trial court erred by denying D.B.-H.'s motion to suppress evidence. 2. The trial court erred by finding "the left front pocket [of B.- H.'s coat] was sagging under the weight of a heavy object." CP 45 (Finding of Fact 10) (attached as appendix); see also CP 48 (Conclusion of Law 2) (referring to "the sagging of the heavy object inside Respondent's jacket").) (attached as appendix). 3 The trial court erred by concluding the officers' did not exceed the permissible scope of an investigative detention. CP 48 (Conclusion of Law 5). 4. The trial court erred by concluding B.-H. voluntarily consented to a search of his pockets. CP 48 (Conclusion of Law 6). ) Substantial evidence must support a trial court's finding of fact. State v. Tyler, 166 Wn. App. 202, 208, 269 P.3d 379 (2012). There is no evidence to support the trial court's finding that the weight of the object caused the jacket pocket to sag. -1-
- Page 2 and 3: TABLE OF CONTENTS Page A. ASSIGNMEN
- Page 4 and 5: .. TABLE OF AUTHORITIES (CONT'D) Pa
- 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 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
A. ASSIGNMENTS OF ERROR<br />
1. The trial court erred by denying D.B.-H.'s motion to<br />
suppress evidence.<br />
2. The trial court erred by finding "the left front pocket [of B.-<br />
H.'s coat] was sagging under the weight of a heavy object." CP 45<br />
(Finding of Fact 10) (attached as appendix); see also CP 48 (Conclusion of<br />
Law 2) (referring to "the sagging of the heavy object inside Respondent's<br />
jacket").) (attached as appendix).<br />
3 The trial court erred by concluding the officers' did not<br />
exceed the permissible scope of an investigative detention. CP 48<br />
(Conclusion of Law 5).<br />
4. The trial court erred by concluding B.-H. voluntarily<br />
consented to a search of his pockets. CP 48 (Conclusion of Law 6).<br />
) Substantial evidence must support a trial court's finding of fact. <strong>State</strong> v.<br />
Tyler, 166 Wn. App. 202, 208, 269 P.3d 379 (2012). There is no evidence<br />
to support the trial court's finding that the weight of the object caused the<br />
jacket pocket to sag.<br />
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