Volume 33 — Washington Appellate Reports

<bold>[1] Gifts — Validity — Fiduciary Relationship — Undue Influence</bold> <bold>— Burden of Proof.</bold> In an action challenging the validity of a gift, once it is established that the donee stood in a fiduciary relationship with the donor at the time the gift was made, the burden is on the donee to prove the absence of undue influence.

<bold>[1] Divorce and Dissolution — Custody of Children — Modification</bold> <bold>— Detrimental Environment — Present Damage — Necessity.</bold> Satisfaction of the requirement of RCW <cross_reference>26.09.260</cross_reference>(1)(c) that a custody change be based on the child's present environment being detrimental to his physical, mental, or emotional health does not necessitate a showing that the child has already been harmed by the detrimental environment.

<bold>[1] Arrest — Detention for Questioning — Grounds — Permitted</bold> <bold>Activities.</bold> A police officer not having probable cause for arrest may nevertheless detain a person for questioning when the officer has a reasonable suspicion based on articulable facts that the person has committed a crime. The detained person may be subjected to a pat-down search for weapons if the officer has a reasonable belief that the suspect is presently armed and dangerous. The detention is not transformed into an arrest by extending it during efforts at identification by witnesses or victims in order to determine the culpability or innocence of the detained person. <bold>[2] Criminal Law — Evidence — Unlawful Arrest — Effect.</bold> Although evidence obtained as a direct result of an invalid arrest must be suppressed, the invalid arrest does not require exclusion of information or evidence lawfully obtained by officials prior to or independently of the arrest.

<bold>[1] Industrial Insurance — Course of Employment — Parking Areas</bold> <bold>— Statutory Provisions.</bold> For purposes of RCW <cross_reference>51.08.013</cross_reference>, which provides that an employee is not in the course of employment when going to and from work "in parking areas," the place assigned to the employee for parking his car is a parking area if such place is not used or contracted for by the employer for the business or work process in which it is engaged. <bold>[2] Appeal and Error — Review — Scope — Established Facts.</bold> When findings are not challenged on appeal, the court's sole function is to determine whether the findings support the conclusions of law. <bold>[3] Industrial Insurance — Course of Employment — Eating Lunch.</bold> An employee is not in the course of his employment while eating lunch. <bold>[4] Industrial Insurance — Lunch Period Injuries — In General.</bold> Employee injuries occurring during the lunch period are covered by the Industrial Insurance Act only if the lunch period is spent on the jobsite or if it is spent off the jobsite but in the course<page_number>Page 610</page_number> of employment.