Can a police officer pull me over with no reasonable cause? 56 Answers as of July 22, 2011

I was pulled over around 1:00am in a crowded area of downtown seconds after getting into my car. The officer had no reason to pull me over, but after he did he saw an open container and smelled alcohol on my breath. Isn't it illegal to pull over someone and search their car without reasonable cause?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
A police officer needs to see a violation of a traffic law or have reasonable suspicion that a crime is being committed before he may legally stop a vehicle. The problem is that he can simply say that he saw something like not using a blinker to change lanes, swerving, improper lane change, failure to keep right, or other traffic offenses to justify the stop, but if he did not write a ticket for the offense the judge may not believe his testimony. Anything seized pursuent to an illegal stop can be suppressed and the case can be dismissed. retain a criminal attorney to run a suppression hearing and advise you on how to proceed.
Answer Applies to: New York
Replied: 7/22/2011
Law Office of Michael Brodsky
Law Office of Michael Brodsky | Michael Brodsky
A law enforcement office must have "reasonable, articulable suspicion" that a crime or infraction has occurred before he can stop a vehicle. In other words, they have to have a reason which he or she can articulate.
Answer Applies to: Washington
Replied: 6/30/2011
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
The quick answer to your question, based on the facts you presented, is no however I suspect the arresting officer would testify that you performed some type of unsafe traffic maneuver which would give him a reason to stop your vehicle and conduct a search. This does not appear to be a strong case for the government but it would be wise to consult an attorney who is skilled in the defense of DUI cases.
Answer Applies to: District of Columbia
Replied: 6/29/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
While there is probably some variations from state to state, in Oregon, where I practice, a police officer can pull you over he he has probable cause that you have committed a traffic violation or if he has reasonable suspicion that you committed a felony or a misdemeanor. I'm not sure what reasonable cause is, but ostensibly the cop has to have some reason to stop you to begin with, but once he has you stopped, he can embark on a further investigation if he starts to see things that make him think there's some criminal activity afoot. As far as a reason to pull you over, there's a ton of little things that a driver can do and get pulled over, you'd be surprised at the things a police officer can find if he wants to stop you.
Answer Applies to: Oregon
Replied: 6/29/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
What you describe is grounds for a Motion to Suppress the Evidence. You need to hire a lawyer now.
Answer Applies to: Texas
Replied: 6/27/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Yes, they need "reasonable suspicion." However, all they need to say is that they saw an open container in your hand, or saw you swaying from side to side, or you pulled of the curb in a strange way, etc. etc., and that they thought you might be drunk. It's very hard to overcome an officer's assertion that he had a reason to pull you over.
    Answer Applies to: Missouri
    Replied: 6/27/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You may think he didn't have a lawful reason to pull you over and you may be right but he will have justified it in some way in his police report. Your attorney will need to get a copy of it and attempt to show that either his legal reason was flawed or he is fabricating a reason factually in order to attempt to get the result of the stop suppressed.
    Answer Applies to: California
    Replied: 6/27/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry A police officer has to have a valid traffic stop to pull you over. This may be based on an articulable suspicion that criminal activity is afoot. The search of a vehicle is another thing. After a valid traffic stop, the vehicle can be searched for things within reach of the driver/passengers for the safety of the police officer. This is true even if you are outside of the vehicle and handcuffed! If something is in plain sight, then it is much less of a search concern. Once an arrest is made, then an inventory search can be made of the vehicle. Alternatively, any permission given would negate any search issue.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    While the officer may not have stated a reason to you, he probably had one. A rule of thumb is that if an officer wants to stop you, he can find a reason.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, the officers must have some reasonable cause to stop and detain you. You should consult with an attorney to protect your rights.
    Answer Applies to: Kansas
    Replied: 6/24/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    A police officer does need probable cause to pull you over but this is a fairly complex legal issue and the officer may argue something that you are unaware of to establish probable cause. It may be possible to defend yourself based on lack of probable cause but this is something that an attorney would need to determine after reviewing all of the details of your specific case. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/24/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    If he admits to having no reason, you are correct.
    Answer Applies to: Florida
    Replied: 6/24/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    In New York stopping a motor vehicle is considered a "seizure" and must be based on what is generally described as "reasonable suspicion" or "articulable reason". It's a very low standard. But the stop cannot be arbitrary or capricious. For example, if you committed any Vehicle and Traffic Law moving violation at all, then that is enough. If there was really no "articulable reason" for the stop, then the stop is illegal and any contraband or statement made by you can be suppressed under the Doctrine of "Fruit of the Poisonous Tree."
    Answer Applies to: New York
    Replied: 6/24/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, it absolutely is illegal and if the proper proof is shown to a Judge presiding over that case, he/she should suppress the stop and therefore, everything that happened afterward. Of course, most police who do exactly that then lie about why they pulled you over and because they found an open container, they often get upheld rather than reversed. Hire the best lawyer you can find and fight this one. Good luck.
    Answer Applies to: New York
    Replied: 6/24/2011
    Law Office of Barry Melton
    Law Office of Barry Melton | Barry Melton
    In order to stop a motor vehicle, an officer must have reasonable articulable suspicion that a public offense is occurring or has occurred. There are many legitimate reasons for such a stop which include, but are not limited to suspicious activity, traffic violations, and equipment violations. The objective reasoning for the stop is the only relevant issue for review. The subjective mind set of the office is irrelevant.
    Answer Applies to: California
    Replied: 6/24/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    He likely observed you carrying the open container, drinking from it, or exiting a bar with a questionable gait and then getting into your car. If none of these and truly no other probable cause, then no, he may not stop you. Your attorney should file a PC 1538.5 motion.
    Answer Applies to: California
    Replied: 6/24/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    It certainly is under the 4th Amendment to the US Constitution. Have your attorney file a motion to suppress and be ready for the officer's testimony that he saw you get in the car with the open bottle of beer... Now if it was a cup, I'd be curious how the law tries to get around the 4th A.... Stay well.
    Answer Applies to: Alabama
    Replied: 6/24/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    He needs a reason to pull you over. I've seen some pretty bogus ones: windows too tinted, license plate obscured, missing license plate light, cracked brake light cover, failure to signal a turn for long enough before the turn, etc. In other words, he needs a reason, but he will probably be able to offer one even if its total bullshit.
    Answer Applies to: Washington
    Replied: 6/24/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Hong Lyu
    An officer cannot validly conduct a traffic stop without reasonable suspicion of unlawful conduct. What constitutes unlawful conduct that gives rise to the officer's reasonable suspicion varies greatly; however, in most cases it would be a traffic violation. This means you can be stopped for speeding, weaving in your lane, making an illegal turn, talking on your cell phone, or even having expired vehicle registration tags. Police officers cannot arbitrarily stop a vehicle. If an officer does conduct an invalid stop, any sort of evidence that is then acquired can be thrown out or suppressed. If it is true in your case that the officer had no reason to pull you over, then the officer failed to follow proper protocol. This means that the opened container and the alcohol on your breathe can be thrown out pursuant to a suppression motion (1538.5 motion). If this evidence is thrown out, it will essentially leave the prosecution with no workable evidence to support their charges.
    Answer Applies to: California
    Replied: 6/24/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    A police officer must have an objectively reasonable suspicion to pull you over: Delaware v Prouse.
    Answer Applies to: Michigan
    Replied: 6/24/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Many times these type of charges are challenged on the fact that there is no reason to pull the vehicle over. You will need an attorney to help present this defense.
    Answer Applies to: Michigan
    Replied: 6/24/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It is illegal to stop you if no probable cause is present justifying the stop and seizure of the open alcohol. I presume you were arrested for that, or another serious offense. If no arrest occurred, there is really no harm done, so I would forget it, but if arrested, you have a good case, but I must warn you, you write your side of the alleged incident, there may be a completely different version of events reported by the officer. It is best to retain counsel if in fact, you have been arrested in this case and charged with a serious offense.
    Answer Applies to: Illinois
    Replied: 6/24/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    If the officer says that he spotted you with an open container, probable cause for a stop has been established unless there was no open container.
    Answer Applies to: Pennsylvania
    Replied: 6/24/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes! An officer needs at least a reasonable suspicion that a crime has occurred. This prevents officers from pulling citizens over for no reason. If you were subsequently cited for an offense, your case may be dismissed by the way of a suppression motion. This suppresses any evidence that results from an unreasonable search and seizure or any other violation of your constitutional rights. As far as the searching of your vehicle, an officer needs a warrant to search your vehicle unless consent is given or there is probable cause that the car is an instrument involved in the commission of a crime or the car is carrying evidence of the commission of a crime. From the facts given, your case seems defensible.
    Answer Applies to: California
    Replied: 7/6/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Can he stop you? Yes, as he will find some cause when you start arguing with him. Maybe you didnt signal, maybe you swerved, maybe you were following too close, maybe your lights were off, etc. It is your word versus his, and yours doesnt count nearly as much. By smelling of alcohol, you gave him grounds to search the car. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 6/24/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A police officer must have some reason to make a stop of an automobile. You cannot not be stopped for no reason.If you are pulled over and the police officer, in court, cannot give a reason for the stop then any evidence that could have been used against you may be subject to being suppressed.From a practical point of view most police officers can always find a reason for a stop.
    Answer Applies to: Alabama
    Replied: 6/24/2011
    The Sarbaugh Law Firm
    The Sarbaugh Law Firm | Bruce W. Sarbaugh
    It is a violation of your Constitutional rights for a police officer to stop you without any reason. In legal terms, a police officer must have "reasonable suspicion" that you committed or are committing either a traffic offense or other criminal activity before pulling you over. If there is not reasonable suspicion, the initial contact would be unlawful and any evidence observed or seized by the officer would not be allowed to be used against you. In order to determine whether there was or was not reasonable suspicion, you definitely need to speak with a criminal defense/DUI attorney.
    Answer Applies to: Colorado
    Replied: 6/24/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The officer will tell the judge he had a reasonable cause. Your next decision: Appear in court by yourself and challenge the officer or retain an attorney. Review my website for other helpful hints.
    Answer Applies to: Georgia
    Replied: 6/24/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    A police officer can not legally pull a car over without probable cause. However, be aware that police officers will often have a reason (either real or made up) that they will come up with to justify the stop. In order to suppress illegally seized evidence, which includes a police officers observations, the defense must run a motion to suppress pursuant to Penal Code 1538.5.
    Answer Applies to: California
    Replied: 6/24/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You are correct it is illegal for an officer to pull someone over absent probable cause to arrest. You will need to file a motion to suppress the stop based upon a lack of probable cause.
    Answer Applies to: Nebraska
    Replied: 6/24/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    An officer in Washington state cannot effectuate a traffic stop without a valid reason.
    Answer Applies to: Washington
    Replied: 6/24/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    Yes, it is illegal. It's a violation of the Fourth Amendment of the federal constitution.
    Answer Applies to: California
    Replied: 6/24/2011
    The Purnell Law Firm
    The Purnell Law Firm | Simon Purnell
    Yes, it is illegal to be pulled over without some sort of probable cause. However, probable cause is a constantly changing term (and not to the benefit of an accused). If the officer had no probable cause then any evidence obtained as a result of the stop (the open container, the alcohol on your breath) would be suppressed.
    Answer Applies to: Texas
    Replied: 6/24/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You say that you were pulled over for no reasonable cause but I will bet when you go to court and your lawyer reads the offense report, it is going to contain a claim that you violated the law in some way - some traffic infraction or that you spun your tires or that you came close to hittings someone or that your speed was too high for the area and crowd, etc. Yes - they must have an articulable reason to stop you. But, once stopped (or even if you drove past an officer standing in the street), they can look into your car & if they see an open container, that gives them cause to stop you.
    Answer Applies to: Texas
    Replied: 6/24/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    All an officer needs to stop a vehicle is reasonable suspicion that a crime has been committed or is about to be committed, or for any traffic infraction. Once the stop occurs, the open container is in plain sight, which is not a search. Additionally, the smell of alcohol is the first sign officers look for when looking for impaired drivers. Although the officer may not have articulated the reason for the stop, you can be sure there is one listed in the police report.
    Answer Applies to: Oregon
    Replied: 6/24/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    While generally, an officer should have at least reasonable suspicion for a brief stop, each case is different, so you should retain a criminal lawyer in your area to help you. Good luck!
    Answer Applies to: Georgia
    Replied: 6/24/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    An officer does have to have a reasonable suspicion of criminal activity to justify pulling someone over. If they illegally pull someone over, then the evidence obtained as a result of the illegal stop is not admissible in court.
    Answer Applies to: Georgia
    Replied: 6/24/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, it is illegal. However, the cop doesn't have to tell you his reason(s). Chances are, when you read the police report, it will say something along the lines of not signaling, swerving, illegal turn...etc.
    Answer Applies to: California
    Replied: 6/24/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    No, of course not. It is not legal for a police officer to lie either, but they do every day. For example, in your case. There was no probable or reasonable cause to pull you over. It was near closing time, you were in an area with many establishments that serve alcohol, and the odds were good that you'd been drinking. The cop played 'DUI Roulette', and he won! The cop will definitely make up a lie about why he stopped you/pulled you over. You should demand a trial, and on a the way, a suppression motion pursuant to Penal Code Section 1538.5. Do not tolerate this sleaziness. They do it every day, in every city in the country. It is disgusting. Go to trial. Have your attorney run the motion.
    Answer Applies to: California
    Replied: 6/24/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It may be an illegal stop. However, police can randomly run license plates and if they find a suspended registration or license or warrant, it could give them the right to pull you over. Once stopped, there must be articulable reasons to take you out of the car. Essentially, the police need a specific articulable reason to initiate the stop, then to progress from there to asking you to exit the vehicle requires other criteria. Each successive step along the way has limits as to what can and cannot be done. You should definitely have a lawyer. Even though this may seem like a minor offense, which it is. It can still cause you major problems down the line if not handled properly today.
    Answer Applies to: Massachusetts
    Replied: 6/24/2011
    K.C. Baran, P.C.
    K.C. Baran, P.C. | K.C. Baran
    Generally, the officer must have reasonable suspicion, probable cause or actually observe a violation of the law to make a stop. Did the officer give you a reason for the stop? Did you ask? If there was any traffic violation, however small it may be, the officer would have a reason to make a stop. You don't have to ultimately be charged with the traffic violation, the officer just has to observe the violation. That will initially make the stop good. Most likely, when you see the police report, the officer will state in the report that he observed something to make the initial stop. However, if it can be proven, which is extremely difficult and rare, that the there were no grounds for the original stop, then the subsequent charges may be dismissed. Finally, it appears that there was no "search" of the vehicle, if the officer was able to readily observe an open container of alcohol in the vehicle. This is the plain view exception to a warrantless search.
    Answer Applies to: Michigan
    Replied: 6/24/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    To legally stop a person, a police officer must have a reasonable suspicion that the person has broken the law. It is a fairly low standard and something as simple as a broken tail light or failing to signal is enough to stop and detain you. Once the officer contacts the person, the officer is entitled to obtain certain information about the person such as drivers' license status, insurance and registration. While this process goes on, the officer may develop probable cause to arrest. Things like the smell of marijuana, a punched ignition or the handle of a weapon would justify a limited search of the vehicle including the area immediately within the reach of the driver. What is illegal is an officer using a BS reason for the stop when his real reason was a hunch or a belief that you had a warrant, were holding drugs or weapons. For example, a person may be driving around in a high crime area. That may make the officer think you're up to no good but it is not enough for reasonable suspicion alone. The classic example is claiming a vehicle failed to signal when the real reason for the stop is a junky car playing rap music loud. The cops may be thinking "Drugs." If that is true, they can't claim that the suspects failed to signal a turn as a pretext to stop them.
    Answer Applies to: Washington
    Replied: 6/24/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    In Minnesota, an officer must have a reasonable and articulable suspicion of particularized criminal activity before he/she may effect a seizure of the person by stopping and detaining them. Whether or not such a suspicion existed takes into consideration the circumstances as a whole and the officer's experience in law enforcement.
    Answer Applies to: Minnesota
    Replied: 6/24/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Yes it is. Our experience is that some officers act and create a reason later.
    Answer Applies to: California
    Replied: 6/24/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Isn't it illegal to pull over someone and search their car without reasonable cause? You are correct it is illegal, but I bet the cop has a different take on it. If you can prove there was no legal justification for the stop, then all of the evidence gleaned subsequent to the stop gets "suppressed" as fruits of the poisonous tree, which means it is inadmissible in court. Our office can represent you and make the correct application to have your case dismissed.
    Answer Applies to: New York
    Replied: 6/24/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Let's tackle the two issues separately. First is what is called "plain view." If the officer views something in plain sight or plain smell without any manipulation, such as an odor of alcohol and an open container of alcohol, then he can legally seize it and charge you with a crime. But, in order for that seizure to be valid, he must first establish reasonable suspicion for pulling you over. Nearly any infraction will do, such as speeding (even one mile per hour over the speed limit), going over the center line just a smidge, etc. How do you know he did not have a valid reason for pulling you over? If they proceed with criminal charges he will have to cite something in order to justify pulling you over. All that information should be in the police report. Have an experienced criminal attorney review the report to check for any errors that could reduce or dismiss the charges. If there was not a valid reason for pulling you over, the evidence against you could get suppressed. Seek out an attorney right away.
    Answer Applies to: Michigan
    Replied: 6/24/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Police need articulable suspicion which means a motor vehicle or criminal violation. So yes pulling a car over with no reason can get the charges involved to be dismissed.
    Answer Applies to: New Hampshire
    Replied: 6/24/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    Ultimately the question of the legality of the search and seizure in your case is up to the judge that hears your case. Every case is different and the judge has the obligation to review the testimony of the witnesses that the prosecutor presents at a pretrial hearing. You may testify, but you are not obligated to do so.
    Answer Applies to: New York
    Replied: 6/24/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Yes, you are correct, it is illegal to pull over someone without a valid reason. The courts usually say that in order to stop someone the officer needs "reasonable, articulable suspicion of criminal activity," and that the suspicion must be more than a "mere hunch or speculation." The law is good for us on that point. But, the problem is that very few officers would ever go on the record and admit that they pulled you over on a hunch. Most likely the officer will give some reason for the stop: weaving, speeding, tag light out, failure to use turn signal, etc. I suggest you consult with a criminal defense lawyer in your area.
    Answer Applies to: Georgia
    Replied: 6/24/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    No. An police officer can only pull you over if he/she has reasonable or probable cause that there is criminal or traffic offense being committed.
    Answer Applies to: California
    Replied: 6/24/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Yes, that is illegal, but people commit minor traffic infractions all the time...didn't signal for long enough before a turn or lane change, drove 5 mph over the speed limit, or didn't come to a complete stop at a stop sign. Whether the stop was legal in your case is something to discuss with your attorney; if it was not, you might be able to have the charges thrown out.
    Answer Applies to: Oregon
    Replied: 6/24/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    A police officer is not allowed to just pull anyone over for any reason. However, my guess is that on the police report he will list a valid reason for the stop. You need an experienced criminal attorney to evaluate your case to see if the is a suppression issue.
    Answer Applies to: Pennsylvania
    Replied: 6/24/2011
    West law Office
    West law Office | Russell West
    There must be reasonable cause to pull someone over. You need to look at the police report and see what the narrative section says and find out if the officer wrote any reason. If you were arrested for anything then you have a good chance of getting the charges dismissed.
    Answer Applies to: Washington
    Replied: 6/24/2011
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