State Of Washington, Resp v. Aaron Justin Calloway, App, 78899-0

Tulalip Tribal Police Sergeant Jeremy Mooring observed Aaron Calloway enter a derelict house on property known for squatters and narcotics; property owners had authorized tribal police to identify and remove anyone except two named occupants and their visitors.
Mooring knocked, announced “It’s the police. Nobody’s supposed to be in this house,” heard only a female voice, and then went to the back of the house; Calloway exited the front and walked toward the street.
Calloway picked up a bicycle near an RV and began to ride away; Mooring called to him, which the court found would be perceived as a command to stop.
Mooring questioned Calloway, asked for identification, and during the encounter Calloway disclosed a misdemeanor warrant; Mooring called it in and then arrested him when confirmed.
A search incident to arrest produced methamphetamine, a scale, and a needle; Calloway moved to suppress arguing the initial stop lacked reasonable suspicion; the trial court denied suppression and convicted him.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When did the seizure occur?	Seizure began at initial stop/command.	Trial court treated initial contact as social; seizure began at ID request.	Court reversed: seizure began when Mooring commanded Calloway to talk.
Was there reasonable suspicion to stop for trespass/theft?	Facts (no signage, unknown bike ownership) insufficient for suspicion.	Mooring knew only two occupants were authorized, Calloway was not one, he tried to evade after officer identification and took a bike.	Totality of circumstances gave articulable reasonable suspicion to detain.
Did Calloway’s statements dissipate suspicion so evidence must be suppressed?	Saying he was visiting Boo Boo should have dispelled trespass suspicion.	Lack of response from purported resident, evasive departure, and other facts kept suspicion alive.	Suspicion did not dissipate; warrant provided basis for arrest and evidence admissible.

State v. Fuentes, 183 Wn.2d 149 (distinguishing visitor conduct from criminal loitering for reasonable-suspicion analysis)
State v. Harrington, 167 Wn.2d 656 (defining seizure under the Fourth Amendment/Wash. Const.)
State v. Garvin, 166 Wn.2d 242 (exclusionary rule suppression for evidence derived from unlawful detention)
State v. Gatewood, 163 Wn.2d 534 (reasonableness of an investigatory stop judged by facts known at time of stop)
State v. Glover, 116 Wn.2d 509 (officer familiarity with residents supports trespass suspicion)
State v. Little, 116 Wn.2d 488 (similar to Glover; security measures and officer familiarity factor into reasonable suspicion)
State v. Fredrick, 34 Wn. App. 537 (officer command to “stop” constitutes a seizure)