Seattle Escorts: STATE v. HERBERT
Anthony George Herbert, Jr., was convicted in a stipulated bench trial of violating the Uniform Controlled Substances Act for possession of methamphetamine, RCW 69.50.4013. On appeal, he challenges the superior court’s denial of his suppression motion, arguing that the court erred in determining the point at which the seizure occurred. Herbert contends that he was seized when the arresting officer shined a spotlight on him, asked him about a parked vehicle, and called him over to talk. We disagree. The superior court correctly determined that the seizure occurred later when the officer informed Herbert that he was not free to leave and obtained his identification. At this point, the officer had a reasonable and articulable suspicion that justified seizing Herbert. Accordingly, we affirm.
Background
On December 12, 2008, Deputy Marcus Dill was patrolling near the Lake Hill Motel, located in the 14800 block of Highway 99 in Snohomish County. Dill, who was in uniform and in a marked vehicle, knew the motel was in an area known for narcotics trafficking, prostitution, vehicle prowls, and thefts. In his three years with the Snohomish County Sheriff’s Office, he had responded to numerous calls relating to drug crimes and prostitution at the motel.
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