05/22/2008

Associated Press

The state Supreme Court says weird behavior in public isn't enough reason for the police to search your pockets.

The unanimous ruling throws out the drug conviction of Michael D. Setterstrom, who was arrested in 2005 after police heard he was behaving oddly at the Department of Social and Health Services in Tumwater.

Setterstrom was filling out an application for public assistance when police showed up. He acted erratically, including giving two different names to the officers.

One policeman patted him down, and they eventually found some methamphetamine.

But the Supreme Court says police must believe they're in danger before frisking someone for possible weapons. That's because the Washington Constitution has strong privacy protections.