Tag Archives: Mt. Vernon Criminal Defense

Roadside DUI Tests to Add Oral Fluid Screening

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Oral Swab Tests | DUI Drugs | Oxnard Criminal Defense Attorney | DUID

Photo Courtesy of Margaret Johnson: MargJohnsonVA – stock.adobe.com

In recent news, numerous states – including Washington State – are adopting some form of oral fluid specimen use in DUI cases. These technological advancements will transform how law enforcement agencies detect and prosecute DUI cases.

WHAT IS ORAL FLUID TESTING?

Oral fluid testing for DUI involves police using a swab to collect a saliva sample from a driver at a traffic stop to quickly screen for recent drug use (marijuana, cocaine, opioids, etc.) Oral fluid tests help establish probable cause for impairment in addition to field sobriety tests. They’re advocayed as fast, non-invasive tools to detect active impairment, complementing blood/urine tests by showing recent use, not just past usage. 

WHICH STATES ARE ACTIVELY USING ORAL FLUID TESTING?

Alabama initially conducted a pilot program established by the Alabama Department of Forensic Sciences and later transitioned to a permanent oral fluid toxicology program. Alabama’s field screening devices test for marijuana, cocaine, methamphetamine, amphetamine, opioids and benzodiazepines. Oral fluid devices are administered at roadside in a screening capacity to confirm any suspicion of drug use after law enforcement conducts a standardized field sobriety test. The results help obtain a search warrant to collect blood or oral fluid for a laboratory test that would provide evidence for trial.

Law enforcement officers in Indiana began using roadside screening around the state in December 2020 to build probable cause and determine whether or not to call for a DRE. Data collected through the program will be used to evaluate a possible expansion.

The Michigan legislature (Public Act 242 and 243 of 2016) authorized state police to develop an oral fluid pilot program. The initial pilot was conducted in five counties and used DREs to administer the oral fluid test. Unlike previous programs (like the three-year pilot program in Colorado that began in March of 2015), this program was not voluntary as drivers were not given the option of opting out from providing a sample. The program was extended for a second year and expanded statewide. Michigan State Police released a report concluding it found oral fluid testing accurate for purposes of preliminary roadside testing.

Vermont (SB 54) amended its implied consent law to include the testing of saliva in 2020 for evidentiary purposes only. Law enforcement officers can now require a person to submit to a saliva test when they have reasons to believe that they are under the influence of drugs or a combination of drugs and alcohol. Saliva samples cannot be taken at roadside and must be analyzed in a laboratory.

HAS WASHINGTON STATE EMBRACED FLUID TESTING?

Yes. In 2024, the Legislature enacted RCW 46.61.5062. This statute, which goes into effect January 1, 2026, allows law enforcement agencies to utilize “oral fluid roadside information” as part of DUI enforcement. Law enforcement agencies must ensure the following:

  1. The oral fluid test instrument(s) used must be valid and reliable;
  2. Any officer who administers an oral fluid test is properly trained in the administration of the test;
  3. Prior to administering the test, the officer advised the subject of the following information:
    • The test is voluntary and does not constitute compliance with the implied consent requirement of RCW 46.20.308;
    • Test results may not be used against a person in a court of law; and
    • Submission to the test is not an alternative to any evidentiary breath or blood test; and
  1. The law enforcement agency establishes policies to protect personal identifying information from unnecessary and improper dissemination including, but not limited to:
    • Destruction of biological samples from oral fluid tests as soon as practicable after collection of test results; and
    • Prohibition against entering DNA samples or results from such tests into any database.

CONCERNS ABOUT ORAL FLUID TESTING

Drugs do not affect users uniformly or in a manner that is easy to measure. Differing characteristics of the drug, of the user, and of the circumstances in which the drug is used renders distinguishing between presence of drugs and impairment by drugs an opaque endeavor. There are no consistent standards in the manufacture of oral fluid tests. The lack of industry-wide consensus reflects research challenges like dearth of quality studies and information challenges. Finally, laws concerning the use of oral fluid tests are inconsistent across all 50 states.

LEGAL ARGUMENTS AND CHALLENGES

Challenges can be made from collection, preservation, and chain of custody to accuracy of results. Other challenges include the effect of methods of consumption on results, factors affecting the presence of a substance in one bodily fluid while being absent in another, and whether the results even indicate impairment.

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Federal Intrusion Into State Criminal Law

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WATCH: Law enforcement expert explains DC Federalization, police reactions

Photo courtesy of AP Photo/Jacquelyn Martin

Excellent working paper brief by Sentencing Reform Counsel  Liz Komar discusses how the expanding encroachment of federal criminal law on traditionally local offenses threatens justice, equity, and local democracy.

WHY IS FEDERAL INTRUSION INTO LOCALIZED CRIMES PROBLEMATIC?

In her brief, Komar writes that over-federalization can lengthen sentences and increase incarceration because federal sentences tend to be longer and carry higher mandatory minimums than their state counterparts. Furthermore, over-federalization may also result in arbitrary and racially disparate sentencing outcomes for similarly situated defendants. Finally, overly broad federal laws can be wielded by federal authorities to usurp the power of locally elected officials or to suppress protest. This comes as a significant infringement on democracy.

WHAT ARE THE SOLUTIONS?

Rather than allow the encroachment of federal criminal law on traditionally local offenses, Ms. Komar’s brief suggests that federal lawmakers and leaders should do the following:

  • Respond to constituent concerns about crime by investing in community-based solutions, rather than with duplicative federal criminal statutes. Investment in evidence-based interventions like gun violence prevention and programs focusing on preventing youth crime and overdose reduction can respond to the underlying concerns of constituents.
  • Limit interventions by federal prosecutors in traditionally local offenses, particularly in the context of successive prosecutions (prosecutions in which individuals are prosecuted by both the local and federal authorities), or when there is conflict regarding a duly elected local prosecutor’s lawful exercise of discretion.
  • Abolish federal mandatory minimums. Federalizing local offenses tends ultimately to lengthen sentences because of the longer mandatory minimums at play in the federal system.
  • Improve the federal criminal legislative drafting process by requiring judiciary committee oversight of every bill proposing criminal offenses or penalties.
  • Repair the past harms of over-federalization through retroactive sentencing reforms. Some federal mandatory minimums, such as those involving crack cocaine or unlawful possession of a firearm, have played an outsize role in deepening racial disparities and lengthening sentences. Retroactive resentencing laws are a means of addressing these harms, reducing excess incarceration, and strengthening communities.

My opinion? Ms. Komar’s proposed reforms could help to halt the expansion of over-federalization. They can also reduce the unnecessary harm of overlapping and largely duplicative offenses.

Criminal conduct often falls under the jurisdiction of both state and federal laws. Take drug trafficking as an example. If someone brings illegal drugs into the U.S. from abroad, federal laws covering international drug smuggling come into play. But if that person intends to distribute those drugs within a particular state, they’ve also violated state drug laws. In such cases, it’s not just possible—it’s likely—that both federal and state prosecutors will be interested in the case.

These overlapping offenses give prosecutors significant discretion, especially when the crime crosses state lines or involves larger federal interests, like bank security or interstate commerce. This overlap makes the dual prosecution landscape much more common than most people realize.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

AI Technology Can Effectively Assist Police. But What’s the Risk?

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Longeye

Photo courtesy of Longeye.

When a crime happens, police begin compiling a mountain of digital evidence. The evidence can include surveillance videos, phone records, crime scene photos and interviews. The evidence compiled into data sets can be quite substanial, weighty and lengthy. Be as it may, police agencies are hesitant to assign officers to these tasks, especially in light of budget constraints.

King 5 News reports that the Redmond Police Department addressed these challenges by using a new Artificial Intelligence (AI) platform to sift through evidence to solve crimes. In a recent case, an AI platform called Longeyehelped investigators on a cold case by combing through hours of jail phone calls, including a key confession.

HOW DOES LONGEYE WORK?

Longeye’s AI-powered workspace rapidly digests and understands video, photography, and text at speeds up to 100x faster than a human. It makes information searchable and parsable and it ‘reads’ the data contextually to find key intelligence that can break the case open. In theory, this saves thousands of desk hours, closing cases before the trail goes cold, avoiding burnout and getting police investigators back in the field.

Here, Longeye helped the Redmond Police Department process 60 hours of jail phone calls in a matter of minutes. This apparently saved a significant amount of time, and verified the lead investigator’s facts in the case. By using Longeye to search for and locate key information, the investigator was able to work more efficiently.

DOES LONGEYE USE AI FOR ILL PURPOSES?

In short, advocates of Longeye say it gives police more time to serve victims and close cases. Longeye does not create or predict information. It only points detectives to evidence they already have, helping them work smarter and faster. It verifies facts already known to police in a cold cases. It is not used to uncover new information.

WHAT ARE THE CRITICISMS OF LONGEYE?

Accordingt to Google’s AI Overview, key criticisms and concerns of Longeye include the following:
  • Risk of Errors (“Hallucinations”): A primary concern is that, like other large language models, the AI could generate incorrect information or misinterpret evidence (known as “hallucinations”). This could potentially misguide investigations, leading to wasted time or, more seriously, incorrect assumptions about suspects.
  • Wrongful Arrests: Critics point to the history of other technologies like facial recognition leading to wrongful arrests and worry Longeye could be subject to similar issues if not used with extreme caution.
  • Dependence on Human Oversight: The platform’s designers emphasize it is a tool to assist, not replace, human investigators. This means its ultimate reliability depends on the diligence of human officers to double-check the AI’s findings against original evidence, which might not always happen in practice.
  • Potential for Misuse: As with any powerful surveillance or investigation technology, there are general privacy concerns about how law enforcement uses the tool and what data they are looking for.
  • Unreliable in Court: Courts are already seeing problems with attorneys using other AI tools that cite nonexistent case law, raising fears about the admissibility and reliability of AI-generated insights as evidence. 

Please contact my office if you, a friend or family member are charged with a crime. Any ill-gotten evidence in a criminal case which was obtained, reviewed, presented and organized by AI tools can possibly be suppressed. Hiring an effective and competent defense attorney is the first and best step toward justice.

New Report Finds Washingtonians Are Drinking Substantially Less Alcohol

Bellingham Defense Attorney, Drug Offenses, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

 

Photo Courtesy of Trace One Analysis of Google Trends Data

According to a new report, alcohol consumption in Washington State has decreased substantially. This follows nationwide trends that alcohol consumption has shifted noticeably in recent years, with a growing share of adults choosing to drink less — or not at all.

WHY HAS ALCOHOL CONSUMPTION DECREASED NATIONWIDE?

Public health experts point to a combination of factors driving this trend, including increased awareness of alcohol’s health risks, the expansion of cannabis legalization, and changes in social habits as more young people connect online rather than in person. Shifting cultural norms, a broader focus on wellness, and evolving alcohol beverage labeling requirements have also played a role in reshaping drinking behaviors and consumer choices across the country.

At the same time, the market for alcohol alternatives has expanded rapidly. Internet searches for products such as non-alcoholic beer, zero-proof cocktails, and other alcohol-free beverages have surged, reflecting both consumer curiosity and growing retail availability. Beverage companies have responded by rolling out new product lines and catering to consumers who want the taste and social experience of drinking without the intoxicating effects.

This report, conducted by the food and beverage software company Trace One, uses data from the Substance Abuse and Mental Health Services Administration (SAMHSA) to examine national-level trends in alcohol use and Google search data to track the rapid rise in online interest for alcohol alternatives. It then compares current alcohol use rates across states and examines how those rates have changed over time.

HOW DOES WASHINGTON STATE COMPARE?

While northern states have higher rates of alcohol use, many have experienced large declines in recent years. Similarly, Washington State has seen a drop in its share of adults who consume alcohol. Meanwhile, interest in alcohol alternatives has grown. The report, using federal data, found that in 2023, 56.6% of adults in Washington reported consuming alcohol in the past month, down from a peak of 61.8% in 2015.

Google Trends search data show that interest in alcohol-free beverages has surged in recent years. This phenomenon has effectively transformed this niche market into a mainstream category. Searches for “NA beer”—a product that historically carried a poor reputation—have increased nearly tenfold over the past decade. Meanwhile, searches for “zero proof” drinks and “mocktail recipes” have grown from virtually nonexistent to widely popular. Both of these search terms  have reached record highs in recent years.

This surge in consumer interest has reshaped the beverage industry. Athletic Brewing, often credited as a pioneer in the modern non-alcoholic beer market, has built a loyal following by emphasizing flavor and quality on par with traditional craft beer. In response, both large and small breweries have entered the space, offering non-alcoholic versions of flagship beers and developing entirely new alcohol-free product lines.

Major beverage companies have expanded beyond beer into alcohol-free spirits, wines, and ready-to-drink mocktails. Global brands such as Heineken, Guinness, and Budweiser have launched NA versions of their best-known products, while spirits companies have invested in zero-proof gin, whiskey, and tequila alternatives. The growing availability of these products reflects a broader shift: alcohol alternatives are no longer seen as an afterthought for the sober or “designated driver,” but as a legitimate category catering to a much wider audience.

Please contact my office if you, a friend or family member are charged with a crime involving drugs or alcohol. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA Court Dismisses Criminal Conviction Due To Overbroad Search Warrant

Bellingham Defense Attorney, Constitutional Rights, Mount Vernon Criminal Defense Attorney, Search and Seizure, Search Warrant, Sex Crimes, Skagit County Criminal Defense, Technology, Uncategorized, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

EFF Tells the Second Circuit a Second Time That Electronic Device Searches at the Border Require a Warrant | Electronic Frontier Foundation

In State v. Hampton, the WA Court of Appeals held a Search Warrant was overbroad because it allows the seizure of evidence related to crimes for which there was no probable cause; in this case, sex crimes.

FACTUAL BACKGROUND

Law enforcement investigated Mr. Hampton for trafficking in stolen property and controlled substances. During the investigation, officers seized Hampton’s brown briefcase, which contained electronic storage devices. Thereafter, a search warrant authorized law enforcement to search the electronic storage devices and all contents that showed possession of trafficking in stolen property or drugs.

The search requested search and seizure for the following:

“Any data that may be kept on any of the seized digital devices in any format to include but not limited to intact files, deleted files, deleted file fragments or remnants related to the purchase, possession, receipt and distribution of controlled substances and or stolen property.”

When reviewing files from the storage device, law enforcement viewed ten-year-old videos of Hampton engaging in sexual intercourse with his girlfriend, while she was incapacitated. The superior court refused to suppress the videos. A jury convicted Hampton of numerous Sex Offenses. On appeal, Mr. Hampton argued the search warrant was invalid because of its overbreadth.

COURT’S ANALYSIS & CONCLUSIONS

In short, the Court of Appeals (COA) agreed with Mr. Hampton that the trial court should have granted his motion to suppress. First, the warrant authorized an overbroad and unfettered search of electronic storage devices found in the briefcase. Second, law enforcement exceeded the scope of the authorized search when viewing movie files stored on computer drives without regard to their date or connection to the crimes being investigated.

The COA emphasized that the Fourth Amendment demands in part that no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Furthermore, the latter part of this clause requires specificity in a search warrant.  Also, Article I, section 7 of the Washington State Constitution states, “No person shall be disturbed in their private affairs or have their home invaded without authority of law.”

The COA also analyzed that the particularity requirement of search warrants provides important protection against governmental invasion of privacy. This is because the demand renders general searches impossible and prevents the seizure of one thing under a warrant describing another. The particularity requirement also ensures judicial oversight of the scope of a law enforcement search such that the executing officer lacks unlimited discretion when executing the warrant. The warrant must be based on probable cause of criminal activity and must limit the scope of the search to the probable cause determination.

“Specificity consists of two components: particularity and breadth,” said the COA. “Particularity demands that the warrant clearly state what is sought. Breadth requires the scope of the warrant be limited by the probable cause on which the warrant is based.”

The COA reasoned that the search of Mr. Hampton’s electronic storage devices conducted by Detective Travis Frizzell verifies the impermissible breadth of the search warrant. The police’s search warrant affidavit established probable cause to believe Timothy Hampton and Robert Rogers engaged in a criminal conspiracy to purchase and sell narcotics in 2020, not almost a decade earlier.

“By viewing videos from 2013, Detective Frizzell stepped inside a time machine and outside the confines of probable cause. The State’s argument that the warrant sanctioned Frizzell’s view of the 2013 files defeats its defense of the constitutionality of the warrant. If we ruled that the search warrant limited the search to evidence of possessing stolen property or controlled substances and thereby upheld the validity of the warrant, we would need to rule that Detective Frizzell’s search exceeded the scope of the warrant.” ~WA Court of Appeals

The COA concluded that a court must suppress evidence seized due to an overly broad search warrant. It remanded Mr. Hampton’s case to the superior court for vacation of his convictions and for dismissal of the charges.

Please contact my office if you, a friend or family member are charged with a crime involving search & seizure issues. Hiring an effective and competent defense attorney is the first and best step toward justice.

Is “Lane Splitting” Legal In Washington State?

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Reckless Driving, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

Summer season brings more motorcycle traffic on Washington roads. Unfortunately, one high-risk behavior by motocyclists is illegal lane-splitting. “Lane-splitting” is when a motorcyclist rides between lanes of traffic, often along the white divider line, typically in congested freeway conditions.

IS LANE-SPLITTING LEGAL IN WA STATE?

No, it is not legal. Under RCW 46.61.608, no person shall operate a motorcycle between lanes of traffic or between adjacent lines of vehicles. Violators may face fines and potential impacts to their driving record.

 

WHY IS LANE SPLITTING SO CONTROVERSIAL?

Many believe the behavior creates real safety concerns for everyone on the road. According to the Washington Traffic Safety Commission (WTSC), motorcycles make up just 3% of registered vehicles in Washington state. Nevertheless, they’re involved in a staggering 16% of all roadway fatalities.

There are also mental and physical blind spots that make lane splitting particularly dangerous. Other motorists simply don’t see or can’t conceive of a motorcyclist weaving in between high-traffic lanes. Essentially, motorcyclists are looking for that gap in traffic where other vehicles are traveling at roughly the same speed. That unpredictability can be fatal—especially in construction zones, or when cars are trying to merge or detour.

WHAT ARE THE COLLATERAL CONSEQUENCES OF ACCIDENTS CAUSE BY LANE-SPLITTING?

The consequences of these crashes go beyond those directly involved. In addition to safety concerns, there are legal and financial consequences for those caught lane splitting. It’s a traffic infraction that can result in a fine of at least $100—and it stays on your driving record.

Making matters worse, a motorcyclist can face additional charges of Reckless Driving. This criminal charge is a gross misdemeanor punishable up to 1 year in jail and a $5,00.00 fine. Being convicted results in automatic 30-day license suspension.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Nitazene: More Potent Than Fentanyl

Bellingham Defense Attorney, Drug Offenses, felony, Mount Vernon Criminal Defense Attorney, Nitazene, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

New, Dangerous Synthetic Opioid in D.C., Emerging in Tri-State Area

Photo Courtesy of the DEA

Nitazenes, a class of synthetic opioids with no approved medical use, are emerging as a serious concern in the United States due to their extreme potency and association with overdose deaths.

WHAT ARE NITAZENES?

Nitazenes (benzimidazole-opioids) are a class of extremely potent novel synthetic opioids. First developed in the 1950s by researchers in Switzerland as an opioid analgesic alternative to morphine, nitazenes were never approved for medical use.

Beginning in 2019, nitazenes emerged more widely on the illicit drug market in Europe. Since then, nitazenes have been identified on nearly every continent, including North America, South America, Asia, and Oceania. Due to their recent emergence, comprehensive data on the spread of nitazenes are not available. Limited data described in this report suggest that nitazene use is a growing trend in North America and that availability is likely spreading across the Americas. As they have emerged across the globe, illicit manufacturers have continuously synthesized new and chemically distinct types of nitazenes. Today, at least 13 different types of nitazenes have been identified.

WHY AND HOW DO PEOPLE USE NITAZENES?

People may use nitazenes for the same reasons that they use other opioids. Nitazene use may be motivated by self-treatment for physical, mental, or emotional disorders. They are also used to experience opioid effects, such as feelings of euphoria, relaxation, sleepiness, and reduced pain. Nitazenes are frequently mixed with or counterfeited as other drugs (e.g., heroin, fentanyl, benzodiazepines, or other synthetic drugs) to increase potency and cut costs. Nitazenes are available in many forms, including pills, powders, and sprays – both in “pure” form and mixed with other drugs.

DANGERS OF NITAZENES

Nitazenes are highly addictive and continued use can lead to dependency. Although studies about nitazene dependence and withdrawal are limited, nitazene withdrawal has a high potential to be severe and painful. Nitazenes can also cause dizziness, nausea, vomiting, disorientation, loss of consciousness, and seizures.

Like other opioids, nitazenes present a high risk of central nervous system or respiratory depression, as well as cardiac arrest. Nitazenes present an especially high risk for overdose and overdose mortality, due to their high potency. Nitazene potency varies significantly, but all nitazenes are much more potent than natural (non-synthetic) opioids, such as morphine.

OVERDOSE STATISTICS

At least 2,000 deaths have been associated with nitazenes nationwide since 2019. For example, Tennessee saw a four-fold increase in nitazene-involved overdose deaths between 2020 and 2021.

NITAZENES IN THE AMERICAS

Regional trends in the opioid epidemic are often first identified in the United States and Canada, including the prior emergence of fentanyl and xylazine. Both countries are recognized as the global epicenters of the opioid epidemic and support robust substance use surveillance systems. Nitazenes were first identified in the street drug supplies of both countries in late 2019 and early 2020. Since then, other findings indicate that nitazene use is continuing to spread on the continent.

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA Court Upholds Conspiracy Conviction For Defendant Who Conspired With Another To Shoot Himself

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Contrary to popular belief, you CAN be convicted of committing crimes if you’re the victim of your own conduct. Criminal Conspiracy is one of those crimes. In State v. Floe, No. 59948-1-II (July 29, 2025), the WA Court of Appeals held that a defendant who gave his sister a gun and persuaded her to shoot him at work so he could file an L&I claim can be held criminally liable for Conspiracy to Commit Assault  Second Degree and Conspiracy to Commit Drive-By Shooting.

FACTUAL BACKGROUND

On October 7, 2021, someone shot Mr. Floe outside of the Shelton Department of Corrections (DOC) office. At the time, DOC employed Floe. That same day, he signed a Department of Labor and Industries Report of Accident affirming his gunshot wound occurred on the job.

Police interviewed Floe at the hospital. He told the officers that the morning had begun with a workout at a gym. When Floe arrived at work following his workout, his sister, Ms. Harris, brought him breakfast and then drove away. Floe reported that after Ms. Harris left, he was shot. Floe told the interviewing officers that he did not know who shot him. He described the individual as wearing a hoodie and having a “male gait.”

Following their interviews with Floe and Harris, police continued to investigate the shooting. Surveillance footage and neighborhood interviews led officers to believe that Harris’ SUV was still present on scene at the time Floe was shot contrary to his prior statements. Police also deployed a tracking dog but found no trace of the male individual described by Floe as running from the scene.

After more interviews with police, Floe admitted that he convinced his sister to shoot him. The State subsequently charged Floe with Second Degree Assault, Conspiracy to Commit Second Degree Assault, Drive-By Shooting, Conspiracy to Commit Drive-By Shooting, False Reporting and Forgery.

Floe filed and argued pre-trial motions to dismiss. However, the trial court rejected Floe’s arguments. At a bench trial, Floe was found guilty of all charges except the Forgery charge. Floe appealed on arguments that he was not prosecutable because he was a victim of the crimes of Assault Second Degree and Drive by Shooting.

COURT’S ANALYSIS & CONCLUSIONS

The WA Court of Appeals reasoned that Floe was complicit in the crimes he committed against himself, saying that Floe initiated the plan and convinced Harris to carry out the Assault and Driveby Shooting. Moreover, Floe did more than merely consent to these crimes. Here, Floe came up with the plan, convinced Harris to assist him, and provided Harris with the gun she used during the crimes.

Next, the Court addressed the merits of Floe’s Conspiracy conviction. It stated that the appropriate focus of a conspiracy charge is on the conspiratorial agreement, not the specific criminal object or objects. To obtain a conviction, all the State needs to prove is that the conspirators agreed to undertake a criminal scheme and that they took a substantial step in furtherance of the conspiracy.

“Because Floe was charged with conspiracy to commit second degree assault and drive-by shooting, it is immaterial whether he was a victim of the conspiracy because Floe had already engaged in the criminalized conduct—agreeing to and taking a substantial step toward causing the performance of a crime with another, Harris. Floe’s argument based on the plain language of the statutes defining second degree assault and drive-by shooting fails.” ~WA Court of Appeals

With that, the WA Court of Appeals affirmed Mr. Floe’s  convictions.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

The Problems With AI-Generated Police Reports

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AI-written police reports spark efficiency debate | Digital Watch Observatory

A small but growing number of police departments are adopting software products that use AI to draft police reports for officers. Jay Stanley, a Senior Policy Analyst for the ACLU’s Speech, Privacy, and Technology Project, recently published a six-page white paper explaining why it police departments should not use Artificial Intelligence (AI) technology to wrtite police reports. 

Why Are Police Reports So Important to Criminal Investigations?

Police reports play an important role in criminal investigations and prosecutions. Introducing novel AI language-generating technology into the criminal justice system raises significant civil liberties and civil rights concerns. Police reports play a crucial role in our justice system. They are central to the criminal proceedings that determine people’s innocence, guilt, and punishment, and are often the only official account of what took place during a particular incident.

How Does AI Assist In Drafting Police Reports?

The concept behind the AI products –the most prominent of which is sold by the police technology company Axon – is that an officer can select a body camera video file and have the audio of that file transcribed. A large language model (LLM) like ChatGPT is then used to turn that transcript into a first-person narrative for the officer in the typical format of a police report. The officer can then edit the file before swearing to its veracity and submitting it.

According to the ACLU, the problems with this concept fall into four main issues:

1. Problems With AI Itself.

The technology, as anyone who has experimented with LLMs like ChatGPT knows, is quirky and unreliable and prone to making up facts. AI is also biased. Because LLMs are trained on something close to the entire Internet, they inevitably absorb the racism, sexism, and other biases that permeate our culture. Even if an AI program doesn’t make explicit errors or exhibit obvious biases, it could still spin things in subtle ways that an officer doesn’t even notice.

2. Using Body Camera Transcripts For Creating AI Police Reports Raises Significant Issues Around Evidence and Memory.

Human memory — unlike video recordings — is extremely malleable. Subsequent information about an event can literally change a person’s memory of what took place. That’s why it’s important that an officer’s subjective experiences and memories of an incident be memorialized before they are contaminated by an AI’s body camera-based storytelling. But if the police report is just an AI rehash of the body camera video, it may write over certain facts or details the officer might have otherwise recorded. Worst-case scenario, the technology allows officers to be inaccurate and/or lie.

3. AI Raises Serious Questions About Transparency.

Given the novel, experimental nature of AI-generated police reports, it’s important for the public to understand what’s going on so that independent experts can evaluate the technology, and communities and their elected representatives can decide whether they want the police officers that serve them to use it. And it’s vital that defendants in criminal cases be able to interrogate the evidence against them. Yet, much of the operation of these systems remains mysterious.

4. Forcing Police To Write Down the Reasons For Use of Discretionary Power Reminds Them of the Legal Limits of Their Auithority.

A police officer’s written justifications for things like stops, frisks, searches & seizures are also reviewed by their supervisors. The supervisor uses what’s written to identify when an officer might not know or observe those limits. A shift to AI-drafted police reports would sweep away these important accountability roles that reports play within police departments and within the minds of officers.

For these reasons, the ACLU does not believe police departments should allow officers to use AI to generate draft police reports. As their white paper describes, AI report-writing technology removes important human elements from police procedures. It is too new, too untested, too unreliable, too opaque, and too biased to be inserted into our criminal justice system.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

The “Ruse” Tactics of ICE May Violate Constitutional Rights

Bellingham Defense Attorney, Constitutional Rights, Fourth Amendment, Immigration & Customs Enforcement (ICE), Mount Vernon Criminal Defense Attorney, Search and Seizure, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Who are these people?' Masked immigration agents challenge local police, sow fear in L.A. - Los Angeles Times

Photo Courtesy of Carlin Stiehl/Los Angeles Times

During the first 100 days of President Donald J. Trump’s second term, U.S. Immigration and Customs Enforcement (ICE) has arrested and deported thousands of illegal aliens. The undocumented immigrants are broadly labelled as criminals who threaten public safety and national security.

Although some undocuments immigrants are criminals, many of them are not. They are  hardworking individuals simply going about their daily lives — working, commuting, and spending time at home with families.

Unfortunately, ICE has used racial profiling and intimidation tactics that instill fear and confusion in communities and stoke mistrust in the police. ICE deploys “ruse” tactics to gain warrantless entry into people’s homes or lure them out. Ruses are a tactic used frequently by ICE in investigating and arresting non-citizens. Since 2013, hundreds of reported raids include those involving ICE’s use of ruses.

WHAT IS AN “ICE RUSE?”

    • Impersonating local law enforcement: ICE agents frequently pose as local police officers, detectives, or probation officers to gain trust or induce individuals to open their doors or cooperate. They might wear plain clothes, wear uniforms labeled “POLICE,” or even vests that resemble local law enforcement uniforms, while concealing any ICE identification.
    • Fabricating investigations: Agents might claim to be investigating a fake crime or a fake crime suspect to identify and locate the targeted individual. They could show a picture of a “suspect” and use a name that matches someone in the household to trick residents into revealing information or letting them inside.
    • Misrepresenting purpose: Agents may request to “take a quick look around” or “come in to talk,” without explicitly stating they are ICE or seeking to make an arrest. This tactic aims to obtain consent to enter the home without the individual realizing they have the right to refuse entry.
    • Using phone ruses: ICE agents may also employ ruses over the phone to locate targets. These could include pretending to be local police asking questions, asking the person to meet them regarding a fake criminal case, claiming to have found a lost ID and needing to arrange a pickup, or contacting them about a court date or updated contact information. 
WHY DO SOME RUSE TACTICS VIOLATE CONSTITUTIONAL RIGHTS?
Under the law, police officers, including ICE, can sometimes employ deceptive tactics in investigations, According to the Harvard Law Review, however, these ruses must generally be within legal boundaries and not violate constitutional rights. For instance, without a judicial warrant, ICE agents cannot force entry into a home and rely on trickery or deception to obtain consent, which raises questions about the voluntariness of that consent.
WHAT CAN PEOPLE IN IMMIGRANT COMMUNITIES DO TO PREVENT UNLAWFUL ARREST, SEARCH, SEIZURE AND DEPORTATION?

In the meantime, people in immigrant communities can defend themselves by knowing their rights. Anybody confronted by law enforcement — whether undocumented or not — can and should do their best to verify the officers’ identity and purpose, document the encounter, and report what happened. Community members who know their rights can lawfully prevent ICE from entering their homes and protect themselves and their loved ones from such deceptive practices. More information in English and Spanish can be found here.

Please review my Search & Seizure Guide and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.