OLYMPIA, Wash. — The Washington Supreme Court has ruled that a police corporal did not have the right to stop a man who was walking quickly and looking around after leaving a known drug house.
The Tri-City Herald reports (http://bit.ly/2tObb1G ) the justices reversed a Benton County Superior Court judge’s decision that was twice upheld by the state Court of Appeals.
Wesley J. Weyand had been convicted and sentenced to one year in state prison for possessing heroin during the stop by a Richland police corporal.
The justices’ opinion states police can’t rely on furtive movements as basis for a “Terry stop,” which is when a person can be detained for questioning, without a warrant, if the officer have reasonable suspicion the person is or is about to be involved in criminal activity.
Weyand’s case will be sent back to Superior Court to be dismissed.
Information from: Tri-City Herald, http://www.tri-cityherald.com