State v. Radka

35 Citing cases

  1. State v. Bridgman

    163 Wn. App. 1020 (Wash. Ct. App. 2011)

    "[T]he determination of custody hinges upon the `manifestation' of the arresting officer's intent." State v. Radka, 120 Wn. App. 43, 49, 83 P.3d 1038 (2004) (citing State v. Clausen, 113 Wn. App. 657, 660-61, 56 P.3d 587 (2002) and State v. Craig, 115 Wn. App. 191, 196, 61 P.3d 340 (2002)). "A suspect is in custody if a reasonable person in the suspect's circumstances would believe his movements were restricted to a degree associated with `formal arrest.'"

  2. State v. Stephens

    No. 36542-5-III (Wash. Ct. App. May. 12, 2020)

    y detention," "investigatory detention," "brief, investigative detention," "seizure," "present confinement," "restraint," "physical restraint," "physical intrusion," "arrest," "custody," "custodial arrest," "full custodial arrest," and "formal arrest." State v. Mecham, 186 Wn.2d 128, 138, 380 P.3d 414 (2016); State v. Flores, 186 Wn.2d 506, 512 (2016); State v. Patton, 167 Wn.2d 379, 387, 219 P.3d 651 (2009); State v. Reichenbach, 153 Wn.2d 126, 135, 101 P.3d 80 (2004); State v. Lorenz, 152 Wn.2d 22, 36-37, 93 P.3d 133 (2004); State v. Acrey, 148 Wn.2d at 746 (2003); State v. Kennedy, 107 Wn.2d 1, 4, 726 P.2d 445 (1986); State v. Rupe, 101 Wn.2d 664, 683-84, 683 P.2d 571 (1984); State v. Marcum, 149 Wn.App. 894, 902-03, 910, 205 P.3d 969 (2009); State v. Salinas, 169 Wn.App. 210, 217, 279 P.3d 917 (2012); State v. Gering, 146 Wn.App. 564, 566-67, 192 P.3d 935 (2008); State v. Radka, 120 Wn.App. 43, 48-50, 83 P.3d 1038 (2004).

  3. State v. Salinas

    169 Wn. App. 210 (Wash. Ct. App. 2012)   Cited 28 times
    In Salinas, the officers identified themselves to the defendant as police and ordered him to show his hands. 169 Wn.App.at 218.

    It is not dependent on the subjective intent of the officer making the detention. State v. Radka, 120 Wash.App. 43, 49, 83 P.3d 1038 (2004). Rather, it hinges upon the manifestation of the arresting officer's intent.

  4. State v. Pines

    17 Wn. App. 2d 483 (Wash. Ct. App. 2021)   Cited 3 times

    That is, whether a reasonable detainee under the circumstances would consider themselves under custodial arrest. State v. Radka, 120 Wash. App. 43, 49, 83 P.3d 1038 (2004) ; State v. Rivard, 131 Wash.2d 63, 75, 929 P.2d 413 (1997).

  5. State v. Pines

    No. 80450-2-I (Wash. Ct. App. May. 10, 2021)

    That is, whether a reasonable detainee under the circumstances would consider themselves under custodial arrest. State v. Radka, 120 Wn. App. 43, 49, 83 P.3d 1038 (2004); State v. Rivard, 131 Wn.2d 63, 75, 929 P.2d 413 (1997).

  6. State v. Knudsvig

    5 Wn. App. 2d 1005 (Wash. Ct. App. 2018)

    This court reviews a trial court's ruling on a suppression motion to determine whether substantial evidence supports the trial court's challenged findings of fact, and if so, whether the findings support the trial court's conclusions of law. State v. Radka, 120 Wn.App. 43, 47, 83 P.3d 1038 (2004). When the appellant does not challenge the findings, as in this case, the findings are verities on appeal.

  7. State v. Moyle

    No. 42638-2-II (Wash. Ct. App. Dec. 26, 2012)

    Determination of custodial arrest "is not dependent on the subjective intent of the officer making the detention[;] [r]ather, it hinges upon the manifestation of the arresting officer's intent." State v. Salinas, 169 Wn.App. 210, 218, 279 P.3d 917 (2012) (citing State v. Radka, 120 Wn.App. 43, 49, 83 P.3d 1038 (2004)). An arrest takes place when "a reasonable detainee under [the] circumstances would consider himself or herself under a custodial arrest."

  8. State v. Martin

    No. 67360-2-I (Wash. Ct. App. Nov. 14, 2011)

    The relevant inquiry is whether a reasonable person in the detainee's circumstances would consider himself or herself to have been placed under full custodial arrest.State v. Glenn, 140 Wn. App. 627, 638-39, 166 P.3d 1235 (2007) (citing State v. Radka, 120 Wn. App. 43, 49, 83 P.3d 1038 (2004)). The officer's "subjective, unspoken perception" of whether an arrest has occurred is irrelevant. Glenn, 140 Wn. App. at 639.

  9. State v. Darling

    152 Wn. App. 1006 (Wash. Ct. App. 2009)

    This court has held that, "the determination of custody hinges upon the `manifestation' of the arresting officer's intent." State v. Radka, 120 Wn. App. 43, 49, 83 P.3d 1038 (2004). In Radka, we noted that "[a]ppellate court examinations of the issue of custodial arrest . . . have retreated from the consideration of the arresting officer's intent."

  10. State v. Gering

    No. 26313-4-III (Wash. Ct. App. Sep. 25, 2008)

    "[T]he determination of custody hinges upon the `manifestation' of the arresting officer's intent." State v. Radka, 120 Wn. App. 43, 49, 83 P.3d 1038 (2004) (citing State v. Clausen, 113 Wn. App. 657, 660-61, 56 P.3d 587 (2002) and Craig, 115 Wn. App. at 196). A suspect is in custody if a reasonable person in the suspect's circumstances would believe his movements were restricted to a degree associated with "formal arrest."