State Of Washington, V Jeremy Robert Dockstader
47469-7
| Wash. Ct. App. | Oct 11, 2016Background
- A convenience-store clerk called 911 reporting a silver Dodge Ram with engine running, revving, and a driver "leaning/slumped over" the steering wheel; caller gave name, phone, address, and the truck's license plate.
- Officers Harvey and McClelland responded about eight minutes later; Harvey pulled behind the truck and activated lights before confirming the plate or observing any driving.
- At the time Harvey initiated the stop the truck was already stopped along the left side of the road, partially off the roadway; the driver (Dockstader) was talking to a bicyclist.
- After Harvey initiated the stop and then checked the plate, officers arrested Dockstader and charged him with felony DUI and related offenses.
- Dockstader moved to suppress evidence under CrR 3.6, arguing the stop lacked reasonable, articulable suspicion; the trial court found the stop was based on the informant’s tip (whose reliability was not established) and granted suppression and dismissal.
- The State appealed; the Court of Appeals affirmed, holding the officer lacked reasonable suspicion at the inception of the stop.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Dockstader) | Held |
|---|---|---|---|
| Whether the warrantless seizure was a lawful Terry stop | The stop was a permissible investigative stop under Terry based on a citizen tip corroborated by location/vehicle | The stop was unsupported by reasonable suspicion because the officer relied on an uncorroborated tip and the vehicle was already stopped | Court held no reasonable, articulable suspicion existed; suppression affirmed |
| Whether the informant’s tip bore indicia of reliability | Reliance on a named 911 caller and matching vehicle/plate after approaching was sufficient (citing Navarette analogies) | The named caller’s report did not describe criminal activity and was not corroborated before the stop | Court held the tip lacked necessary indicia of reliability for a stop; Navarette distinguishable |
| Whether post-stop observations can justify the stop | State argued subsequent confirmation of plate and matching description could validate the stop | Dockstader argued later corroboration cannot retroactively justify an unlawful seizure | Court reiterated only facts known at stop inception matter; later corroboration cannot validate the initial stop |
| Whether a person slumped in a parked vehicle is criminal activity justifying a stop | State implied the reported conduct suggested ongoing public-safety/criminal concern | Dockstader argued slumping in a parked truck, without more, is not necessarily criminal or suspicious | Court held the tip described noncriminal conduct; without corroboration it did not supply reasonable suspicion |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishing the investigative-stop (Terry) framework)
- State v. Garvin, 166 Wn.2d 242 (standard of review for suppression findings and conclusions)
- State v. Z.U.E., 183 Wn.2d 610 (requirements for informant reliability and reasonable suspicion from tips)
- Navarette v. California, 134 S. Ct. 1683 (Supreme Court decision discussing when a 911 tip can create reasonable suspicion; distinguished on facts)