The stop of an automobile by a police officer is a seizure within the meaning of the Fourth Amendment, regardless of the purpose of the stop. State v. Marchand, 104 Wn.2d 434 (1985); Delaware v. Prouse, 440 U.S. 648 (1979).
A stop based on a traffic infraction is valid only if the officer had, from the beginning, a reasonable articulable suspicion that the infraction had occurred and the stop was reasonably related in scope to the circumstances that justified the interference in the first place. State v. Ladson, 138 Wash.2d at 359, 979 P.2d 833.
Traffic stops must be justified at their inception; otherwise all evidence subsequently discovered must be suppressed as fruit of the poisonous tree. Wong Sun v. United States, 371 U.S. 471, 9 L.Ed.2d 441, 83 S.Ct. 407 (1963); State v. Larson, 93 Wn.2d 638, 611 P.2d 771 (1980).
If an initial traffic stop is unlawful, evidence obtained during the subsequent seizure subsequent is not admissible and cannot therefore be the basis for a finding of probable cause. State v. Kennedy, 107 Wn.2d 1, 4, 726 P.2d 445 (1986); State v. Brown, 119 Wn.App. 473, 475-476, 81 P.3d 916,917 (2003).
Under RCW 46.61.212(1):
The driver of any motor vehicle, upon approaching a stationary authorized emergency vehicle that is making use of audible and/or visual signals meeting the requirements of RCW 46.37.190, a tow truck that is making use of visual red lights meeting the requirements of RCW 46.37.196, other vehicles providing roadside assistance that are making use of warning lights with three hundred sixty degree visibility, or a police vehicle properly and lawfully displaying a flashing, blinking, or alternating emergency light or lights, shall:
(1) On a highway of four or more lanes, at least two of which are intended for traffic proceeding in the same direction as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change or moving away from the lane or shoulder occupied by the stationary authorized emergency vehicle or police vehicle. (Italicized and in bold for emphasis).
Were you stopped by a police officer for an alleged violation of RCW 46.61.212(1)? Was it because you did not change lanes? What were the driving conditions that day? Discuss your case with a criminal defense lawyer and find out whether the law in your case is on your side.
