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WA: Empty plastic bags in pocket not RS; totality here not RS either

By John Wesley Hall, Jr.

Possession of empty plastic baggies in the pocket is not reasonable suspicion that the defendant is a drug dealer. Other facts urged by the state are all consistent with legal activity, and, in totality, do not rise to the level of reasonable suspicion to detain for a dog alert. (n. 2: The court reserves for later the question of whether a dog alert is reliable.) State v. Neth, 2008 Wash. LEXIS 1054 (November 26, 2008): But absent some other evidence of illicit activity, the mere possession of a few empty, unused plastic baggies in a coat pocket does not constitute probable cause to search an automobile, even when combined with nervousness, inconsistent statements, and a large sum of money in the car. Baggies are capable of use for lawful as well as unlawful purposes...continue to full post

Full post as published by Fourth Amendment on November 29, 2008 (boomark / email).