Washington v. Sum (Majority)
Annotate this CaseOn April 9, 2019, Deputy Mark Rickerson was on patrol, driving an unmarked police vehicle through an area where there were “some problem houses.” The deputy noticed a Honda parked near the entry gate to a church parking lot, where residents were “concerned about all the vehicles that were parking there that didn’t belong in the area.” As Rickerson observed the Honda, he saw petitioner Palla Sum, who “was slumped over and appeared to be unconscious in the driver’s seat.” Rickerson conducted a records check of the Honda; the records showed that the car had not been reported stolen, but did not state the name of the current owner. Rickerson approached the car on foot, wearing his full uniform, asking Sum what he and his passenger were doing there, and for identification. Sum provided a false name and date of birth; the passenger gave his true name and birth date. Rickerson walked back to his patrol vehicle to check the names provided. While the deputy was in his vehicle, Sum started the Honda, “backed up quickly, and then took off,” driving partially on the sidewalk and over some grass. Rickerson activated his emergency lights and started pursuing the Honda, soon joined by another deputy in a separate vehicle. Sum drove at a high rate of speed through a stop sign and multiple red lights before ultimately crashing in someone’s front yard. The issue this case presented for the Washington Supreme Court’s review centered on the analysis that courts had to apply to determine whether a person has been seized by law enforcement for purposes of the Washington Constitution, and whether all the circumstances” of the encounter included the race and ethnicity of the allegedly seized person. Based on the totality of the circumstances presented in this case, the Court held Sum was seized when the deputy requested Sum’s identification while implying that Sum was under investigation for car theft. As the State properly conceded, at that time, the deputy did not have a warrant, reasonable suspicion, or any other lawful authority to seize Sum. As a result, Sum was unlawfully seized, and the false name and birth date he gave to the deputy had to be suppressed. The Court reversed the Court of Appeals and remanded to the trial court for further proceedings.
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