In United States v. Willy, --- F.4th ---, No. 21-30006 (9th Cir. 2022), the majority affirmed the district court’s order granting Willy’s motion to suppress evidence and statements obtained after his arrest.
"This case requires us to determine whether there was probable cause to arrest Marc Anthony Willy for displaying a weapon in a manner that “warrant[ed] alarm for the safety of other persons.” Wash. Rev. Code § 9.41.270(1). Willy was arrested after two people separately reported that a man in a truck had displayed a firearm while asking them questions about an alleged kidnapping in the area. After his arrest, a search of Willy’s vehicle and person recovered illegal firearms and a modified CO2 cartridge. Willy was charged with making and possessing a destructive device in violation of the National Firearms Act, 26 U.S.C. § 5861. The district court granted Willy’s motion to suppress all evidence and statements obtained after his arrest because his arrest was not supported by probable cause. We affirm."
The majority reasoned that, under Washington law, there was no probable cause. It noted that Washington is an open carry state. So merely having the gun did not violate any law. Moreover, Willy's actions in displaying his gun would not "warrant alarm in a reasonable person for the safety of others." Thus, the majority affirmed the order suppressing all evidence that flowed from the illegal arrest.
The dissent had a different take: "The only question our court needs to decide is whether Deputy Thaxton had probable cause to suspect that Willy violated the second clause in RCW9.41.270(1) by displaying a firearm “in a manner, under circumstances, and at a time and place that . . . warrants alarm for the safety of other persons.” Without question he did, and Deputy Thaxton lawfully arrested him."
