State v. Miller, 21183-1-II
| Decision Date | 28 August 1998 |
| Docket Number | No. 21183-1-II,21183-1-II |
| Citation | 961 P.2d 973 |
| Parties | STATE of Washington, Respondent, v. Daniel J. MILLER, Appellant. |
| Court | Washington Court of Appeals |
THE COURT, on its own motion, amends the opinion filed May 22, 1998, 91 Wash.App. 181, 955 P.2d 810 in the above entitled action as follows:
On page 3, [page 812, 2nd column, line 13 from top of 955 P.2d], following the cite for Arkansas v. Sanders, 442 U.S. 753, 759, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979), the following is added:
, overruled on other grounds by California v. Acevedo, 500 U.S. 565, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991).
On page 4, [page 813, 1st column, line 16 from bottom of 955 P.2d], the last sentence in the first full paragraph is hereby deleted and the following sentence inserted:
Here, the frisk was a valid protective search as McCroskey, already suspicious of Miller for the reasons described above, had cause to fear for his safety. /s/ Seinfeld, J.
To continue reading
Request your trial
-
State v. Duncan
...reasonable suspicion of criminal activity if necessary to maintain the status quo while obtaining more information." State v. Miller, 91 Wash. App 181, 184, 955 P.2d 810, 961 P.2d 973 (1998). See also Adams v. Williams, 407 U.S. 143, 146, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972). For a permissi......
-
State v. Ibrahim
...Belieu, 112 Wash.2d 587, 601–02, 773 P.2d 46 (1989)) (quoting Wilson v. Porter, 361 F.2d 412, 415 (9th Cir.1966)); State v. Miller, 91 Wash.App. 181, 185–86, 955 P.2d 810, 961 P.2d 973 (1998). To the facts justifying the initial Terry stop, the record adds the following findings: both men w......
-
State v. Russell
...and (3) therefore, the superior court erred in suppressing the evidence on this basis. See State v. Miller, 91 Wn. App. 181, 955 P.2d 810, 961 P.2d 973 (officer did not exceed scope of protective frisk by searching a three-inch by four-inch by half-inch tin canister taken from handcuffed de......
-
State v. Beane
...to search inside the pouch to determine whether it contained a weapon that could have been used to harm him"); State v. Miller, 91 Wash.App. 181, 955 P.2d 810, 812-13, opinion amended, 961 P.2d 973 (Wash.Ct.App. 1998) (where officer during frisk found knife on defendant's waist causing offi......