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The Washington State Supreme Court has that has the potential to redefine warrantless interrogations and seizures, a protocol police refer to as 鈥淭erry stops.鈥�

Thursday鈥檚 ruling concludes that 鈥渨e [the Court] formally recognize what has always been true: in interactions with law enforcement, race and ethnicity matter. Therefore, courts must consider the race and ethnicity of the allegedly seized person as part of the totality of the circumstances,鈥� the court opinion reads.

The ruling stems from an incident wherein a Pierce County Sheriff鈥檚 deputy approached an Asian man, Pallo Sum, sleeping in a vehicle at a location that had previously been the site of an arrest connected to a stolen car.

Police monitor finds Seattle police conducted fewest on-record stops in 2021

The deputy asked for the man鈥檚 identification, and upon returning to his police car, Sum fled the scene, ultimately crashing. Sum was later charged with multiple felony counts stemming from that flight, as well as his possession of an unregistered firearm.

Sum would appeal, claiming that he was unlawfully seized without reasonable suspicion, noting 鈥渢here is no justification鈥攁side from unacceptably ignoring the issue of race altogether鈥攆or courts considering the totality of the circumstances to disregard the effect of race as one of the circumstances affecting evaluation of police contact.鈥�

鈥淔or purposes of this analysis, an objective observer is aware that implicit, institutional, and unconscious biases, in addition to purposeful discrimination, have resulted in disproportionate police contacts, investigative seizures, and uses of force against Black, Indigenous, and other People of Color (BIPOC) in Washington,鈥� the court opinion continues.

鈥淔inally, in accordance with our precedent, if the person shows there was a seizure, then the burden shifts to the State to prove that the seizure was lawfully justified by a warrant or an applicable exception to the warrant requirement.鈥�