State Of Washington, V Mckenna Gabrielle Stein, 48629-6

On Nov. 11, 2015 Bremerton officers executed an arrest warrant at a residence and observed a glass pipe and burned foil (drug paraphernalia) in plain view.
Officers detained and removed the warrant subject (Yarber); Sergeant Heffernan then spoke to McKenna Stein outside the home, told her she was not under arrest, and asked to speak about items seen inside.
Stein confirmed the Chevy TrailBlazer parked nearby was hers, acknowledged heroin-related paraphernalia in the car, and consented to a search without being given Miranda or Ferrier warnings.
Stein produced a small bag she said contained heroin-related items; a later, more thorough search revealed methamphetamine in the vehicle.
Stein moved to suppress the methamphetamine; the trial court found the stop was supported by reasonable suspicion based on the observed paraphernalia and that her consent was voluntary.
After a bench trial on stipulated facts Stein was convicted of possession of methamphetamine and appealed the denial of her suppression motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers had reasonable suspicion to detain Stein (Terry stop)	Stein: possession of drug paraphernalia is not a crime, so it cannot support reasonable suspicion	State: recently used paraphernalia in plain view can supply specific, articulable facts suggesting ongoing drug activity	Court: Observation of used drug paraphernalia supported reasonable suspicion; Terry stop valid
Whether Stein was illegally seized by progressive intrusion (Soto-Garcia)	Stein: sequence of questioning/ID checks amounted to an unlawful seizure, invalidating consent under Soto-Garcia	State: Soto-Garcia applies only where the initial stop was unlawful; here the stop was supported by reasonable suspicion	Court: Soto-Garcia inapplicable because the seizure was lawful
Whether consent to search the vehicle was voluntary	Stein: consent was not shown to be voluntary given the circumstances	State: Stein was unrestrained, outside, smoking, told she was not under arrest, no threats or show of force at time of consent	Court: Consent was voluntary under totality of circumstances
Whether evidence found in the vehicle should be suppressed	Stein: search invalid due to illegal seizure/invalid consent	State: valid Terry stop and voluntary consent made the search lawful	Court: Denial of suppression affirmed; conviction affirmed

Terry v. Ohio, 392 U.S. 1 (establishes stop-and-frisk/reasonable suspicion standard)
Miranda v. Arizona, 384 U.S. 436 (Miranda warning principles referenced)
State v. Soto-Garcia, 68 Wn. App. 20 (Wash. Ct. App.) (consent invalidated where consent was product of illegal seizure)
State v. Rose, 175 Wn.2d 10 (Wash.) (distinguishes probable cause vs. other standards re: paraphernalia)
State v. O'Neill, 148 Wn.2d 564 (Wash.) (discusses consent and standards for arrests related to paraphernalia)
State v. Z.U.E., 183 Wn.2d 610 (Wash.) (reasonable suspicion standard articulation)
State v. Garvin, 166 Wn.2d 242 (Wash.) (standard of review for suppression findings)
State v. Acrey, 148 Wn.2d 738 (Wash.) (Terry stop is exception to warrant requirement)
State v. Thompson, 151 Wn.2d 793 (Wash.) (consent as exception to warrant requirement)
State v. Ferrier, 136 Wn.2d 103 (Wash.) (advising of consent/revocation considerations)