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107 Minn. L. Rev. Headnotes 1 (2022-2023)

handle is hein.journals/headnotpan107 and id is 1 raw text is: Essay What Has Always Been True: The Washington Supreme Court Decides That Seizure Law Must Account for Racial Disparity in Policing Aliza Hochman Bloomt In June, the Washington Supreme Court held that courts must consider an individual's race as part of the totality of cir- cumstances when determining whether that individual has been seized by a police officer.1 Like the Fourth Amendment of the U.S. Constitution,2 Washington's parallel constitutional provi- sion requires that the determination be objective-upon consid- eration of all the circumstances, was the individual free to leave, refuse a request, or otherwise terminate the police encounter.3 Upon concluding that trial courts must consider the race and ethnicity in the totality of circumstances when deciding whether there was a seizure, the unanimous Washington Supreme Court formally recognize[d] what has always been true: in interac- tions with law enforcement, race and ethnicity matter.4 Given t Faculty Fellow, New England Law I Boston; J.D., Columbia Law School; B.A., Yale University. Copyright © 2022 by Aliza Hochman Bloom. 1. State v. Sum, 511 P.3d 92, 97 (Wash. 2022). 2. Under federal law, a Fourth Amendment seizure occurs when, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave. Brendlin v. California, 551 U.S. 249, 255 (2007) (quoting United States v. Mendenhall, 446 U.S. 544, 554 (1980)). 3. The Washington Supreme Court explicitly considered this question un- der state law, given it is well settled that article I, section 7 of the Washington Constitution provides greater protection to individual privacy rights than the Fourth Amendment to the United States Constitution. State v. Rankin, 92 P. 3d 202, 205 (Wash. 2004). 4. Sum, 511 P.3d at 97. 1

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