Facts:  Petitioner Alex Moore was convicted of possession of cocaine with intent to deliver after a search of his person following his arrest for refusing to cooperate with a police officer revealed cocaine and $800 in cash.  Moore appealed his conviction, asserting that his arrest and the subsequent search of his person were unlawful insofar as refusing to cooperate with a police officer by providing a false name is not a crime unless the person doing so is being stopped and cited for a traffic violation.  The Washington Court of Appeals affirmed Moore’s conviction, holding that although Moore was not being cited for a traffic violation, he could have been given that his seatbelt was unfastened at the time that the automobile that he was a passenger in was stopped.  Moore appealed this decision to the Supreme Court of Washington.

Question(s):  Was Moore’s arrest for refusing to cooperate with a police officer and the subsequent search of his person unlawful?

Conclusion:  Justice Owens’ opinion for the Court reversed the Washington Court of Appeals, concluding that as the police officer that stopped the automobile that Moore was a passenger in was not investigating the seatbelt infraction when he asked Moore his name, the fact that he could have cited Moore for not having his seatbelt fastened was irrelevant and there was no basis for arresting Moore for refusing to cooperate with a police officer.  Thus, the Court ordered the evidence derived from the subsequent search suppressed and remanded the case.

Docket No. 77484-6 (from Court of Appeals Division I Case No. 54334-2)

Petitioner: Alex Moore

(Counsel: Susan F. Wilk)

Respondent: State of Washington

(Counsel: Thomas Marshall Curtis)

Argument: Thursday, May 18, 2006 10:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, October 11th, 2007

Prevailing Party: Alex Moore (Petitioner)

Vote: 6-3

Citation: Pending

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson