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Ras?

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
I'm not sure I see hinted support in the quoted opinion just above.

I take the quote to mean the appellant was making a bare assertion, unsupported by law existing prior to the statute.

Help me out here. What am I missing?
 
Last edited:

gogodawgs

Campaign Veteran
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Oct 25, 2009
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Federal Way, Washington, USA
I'm not sure I see hinted support in the quoted opinion just above.

I take the quote to mean the appellant was making a bare assertion, unsupported by law existing prior to the statute.

Help me out here. What am I missing?

I have spoken with the former Justice and if the question would of been posed and supported in this case then a ruling as to age of possession, carry, car carry would of been addressed. Unfortunately Justice Sanders lost his election last year.
 

Citizen

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Messages
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Location
Fairfax Co., VA
I have spoken with the former Justice and if the question would of been posed and supported in this case then a ruling as to age of possession, carry, car carry would of been addressed. Unfortunately Justice Sanders lost his election last year.

I see. Thanks.
 

Schlepnier

Regular Member
Joined
May 12, 2011
Messages
420
Location
Yelm, Washington USA
I disagree, age is a factor in the crime that they have RAS for, i.e. underage carrying of a firearm. A 16 year old that is OC is committing a crime, if you are 18 1/2 years old (but look 16) and you are OC then (IMHO) they have RAS for a stop to determine your age and if over 18 that's it, free to go. Now the fun begins if you are carrying sterile (no ID on you, which is not required by law) then they could conceivably detain you until they confirm your age. This would be the same as a LEO seeing a person drinking, who while they are over the age of 21, looks under 21; detain to determine age because underage drinking is a crime.

I suggest you read what i posted before you reply



Age alone is not enough. the RAS requirements require at least 2 marks off that list with one that has to come from the second column.

Thats the law, An RAS stop has to be justifiable when the report is filed. if the LEO in this hypothetical situation pushes the issue without proper RAS requirements being met he opens himself and his department to litigation and possible criminal charges.
 

Lammo

Regular Member
Joined
Oct 15, 2009
Messages
580
Location
Spokane, Washington, USA
I suggest you read what i posted before you reply



Age alone is not enough. the RAS requirements require at least 2 marks off that list with one that has to come from the second column.

Thats the law, An RAS stop has to be justifiable when the report is filed. if the LEO in this hypothetical situation pushes the issue without proper RAS requirements being met he opens himself and his department to litigation and possible criminal charges.

Sorry but I'm going to have to differ to beg with you. The checklist you quoted is just that, a checklist. It is a guide for officers, not an exclusive list or definitive statement of the law. I don't think you will find this list in any single reported case in the State of Washington (I could be wrong - - I haven't read all of them, yet :) ). I'm not sure where you got it but I know one place where it can be found. That is the Washington Association of Prosecuting Attorneys manual on Confessions, Search, Seizure and Arrest. The current version of the manual can be found here: http://www.waprosecutors.org/MANUALS/search/May 2011 final SEIZURE AND CONFESSIONS.pdf (checklist at page 110). This manual is a great resource for anyone trying to understand Search and Seizure law in this state. The author knows what she is talking about but I don't think even she would state that the checklist constitutes "the law" in this state. IMHO, the checklist is missing an "include but are not limited to" disclaimer.
 
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