joeroket
Regular Member
imported post
Citizen wrote:
Citizen wrote:
Are you talking about the State vs Gibbons?
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Can being pulled over be considered "detained"?
- Thread starter Nathan9493
- Start date
Citizen
Founder's Club Member
imported post
joeroket wrote:
joeroket wrote:
Yes.
Nathan9493
Regular Member
imported post
would somebody please define RAS exactly? I think I know what it is, but not confident.
would somebody please define RAS exactly? I think I know what it is, but not confident.
Lammo
Regular Member
imported post
All of Citizen's remarks and case citations appear to be accurate (I just skimmed them and they look good to me). The thing to be careful about is that Washington has its own body of law and Citizen, apparently being from Virginia, may not be aware of some of our twists and turns.
Having said that, law enforcement cannot do "worse" things to you in WA than they can in other places. Legal analysis of the WA constitution (examining the factors from State v. Gunwall) has in many cases lead to greater protection for citizens in WA. A very good outline of WA search and seizure law can be found at the WAPA web site: http://www.waprosecutors.org/. Click on "Manuals" and then on "Search & Seizure".
One other thing to be very careful about. The OP wasn't completely clear but I got the impression they were asking about open carry in a vehicle (since their question appeared to be about a vehicle stopped). Even if I'm wrong about that, we all need to remember that we are not allowed to carry a loaded pistol inside a vehicle unless we have a CPL. RCW 9.41.050(2)(a). Further, in WA a semi-auto is loaded if there is ammo in the magazine and the magazine is inserted in the pistol even if the chamber is empty. RCW 9.41.010(9).
P.S. - - nothing in this post should be regarded as legal advice or construed as establishing an attorney-client relationship.
All of Citizen's remarks and case citations appear to be accurate (I just skimmed them and they look good to me). The thing to be careful about is that Washington has its own body of law and Citizen, apparently being from Virginia, may not be aware of some of our twists and turns.
Having said that, law enforcement cannot do "worse" things to you in WA than they can in other places. Legal analysis of the WA constitution (examining the factors from State v. Gunwall) has in many cases lead to greater protection for citizens in WA. A very good outline of WA search and seizure law can be found at the WAPA web site: http://www.waprosecutors.org/. Click on "Manuals" and then on "Search & Seizure".
One other thing to be very careful about. The OP wasn't completely clear but I got the impression they were asking about open carry in a vehicle (since their question appeared to be about a vehicle stopped). Even if I'm wrong about that, we all need to remember that we are not allowed to carry a loaded pistol inside a vehicle unless we have a CPL. RCW 9.41.050(2)(a). Further, in WA a semi-auto is loaded if there is ammo in the magazine and the magazine is inserted in the pistol even if the chamber is empty. RCW 9.41.010(9).
P.S. - - nothing in this post should be regarded as legal advice or construed as establishing an attorney-client relationship.