# State v. Kennedy

> Washington Supreme Court · October 16, 1986 · 107 Wash. 2d 1

URL: https://www.frixlaw.com/law-library/cases/9607708

## Case

- **Full name:** The State of Washington, Respondent, v. Michael Kennedy, Petitioner
- **Court:** Washington Supreme Court
- **Decided:** October 16, 1986
- **Citations:** 107 Wash. 2d 1; 726 P.2d 445; 1986 Wash. LEXIS 1273
- **Precedential status:** Published
- **Opinion:** Dissent by Callow
- **Judges:** Utter, Brachtenbach, Andersen, Goodloe, Durham, Dore, Pearson, Callow, Dolliver
- **Cited by:** 304 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9607708

## How later opinions describe it (automated extraction)

- holding that when a suspect’s actions are consistent with criminal activity, although also consistent with noncriminal activity, it may justify a brief detention (Terry stop4)
- holding that if the initial seizure was unlawful, the subsequent search and fruits of that search are inadmissible as fruits of the poisonous tree
- holding that a prior justification to look under driver's seat for weapons implicated the "plain view" doctrine
- explaining that activity consistent with both criminal and noncriminal activity may justify a brief detention

## Opinion text

Callow, J.
(dissenting)—I would hold that requiring the defendant to move from his seat and searching the car for items not in plain view went beyond the proper purposes of a Terry stop.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9607708. Public record. Not legal advice.