Bellingham Council Decides To Adopt Cameras Without a Public Hearing

Bellingham Defense Attorney, Red Light Cameras, Whatcom County Criminal Defense, , ,
City Council members have decided they want to install red-light and speed-zone cameras, and they won’t hold a public hearing before voting on them. The decision reverses the council’s 6-0 vote on Sept. 27 to hold a hearing on the topic.

The council decided there was no point in going through the “charade” of a public hearing if it was set on approving it anyway, he said. The council’s No. 1 goal is public safety, and members have already heard from the police department, which wants the cameras.

A crash recently killed a little girl near a school, and the city has had other crashes in school zones, Knutson said. Red-light running has long been a problem here, he said.

“We have not heard a lot about this issue from our citizens,” he said. “We’ve been getting bombarded by Tim Eyman and his crew.”

Political personality Tim Eyman is an anti-tax activist who also fights agsint red-light cameras.  He blasted the city’s decision to skip a public hearing.

“That is so sleazy,” Eyman said. “And they wonder why people distrust government. My gosh. They wonder why our initiatives are so popular.  This is just socialistic. This is authoritarian, dictator-type of decision making that doesn’t even give the imaginary illusions of public input,” Eyman said. “You’ve got to admire the audacity of it, it’s just ‘Who cares what the citizens think?'”

My opinion?  I actually agree with Eyman.  True, there is no “on-point” legal precedent stating a public hearing is legally required for decisions like this.  However, when a city council has made up its mind, it will usually hold a hearing to at least give the impression it’s being open-minded.

There are deeper reasons for the lack of public hearing.  First, the recent death of the young girl who was struck by a car near Bellingham High School probably prompted a greater public outcry FOR traffic cameras than AGAINST cameras.  Second, the City sees these cameras generating revenue for City coffers.

Being a staunch supporter of due process, I nevertheless believe the City Council should have adopted a hearing on the subject.  Trust me, Government fails when it skips steps and avoids processes.

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.

 

Local Roundabouts Show No Spike in Crashes/Injuries, BUT . . .

Bellingham Defense Attorney, Drug Offenses, DUI, law enforcement, misdemeanor, police, Probable Cause, Search and Seizure, Terry Stop, Whatcom County Criminal Defense, , ,
Ring Around “Rosy” – The “Magic Circle” Debacle at Wilshire and Western | Paradise Leased
Early data from the state Department of Transportation (DOT) shows there hasn’t been a spike in crashes since the new roundabouts in Whatcom County were constructed.  Of the accidents that have occurred, none have resulted in injuries, unlike many of the crashes before when traffic signals controlled some of the intersections.

My opinion?  Yes, the data appears good.  However, I’m concerned that police use roundabouts to conduct unlawful/pretextual pullovers for DUI.  “Pretext” is the arrest of a person for a minor crime (as a traffic violation) for the real purpose of getting an opportunity to investigate (as through a search) the person’s possible involvement in a more serious crime for which there are no lawful grounds to make an arrest.  Pretextual stops are unlawful.

Navigating a roundabout is confusing for inexperienced drivers.  The four most common mistakes people make are (1) not yielding to traffic already in the roundabout, (2) not using their blinkers, (3) changing lanes in the roundabout, which is not allowed; and (4) treating the yield signs entering roundabouts as stop signs.

Any one of these common mistakes can cause a police officer to initiate an unlawful pretextual pullover.

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.

Red Light Cameras: The Saga Continues

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Penalty for Toledo's traffic cameras stripped from state transportation budget | The Blade

A new study shows “license plate sprays” are ineffective.

Some “masking” products let us apply a cover or spray to license plates to neutralize the devices.  The spray or cover supposedly reflects the camera’s flash and overexposes the photo, rendering it useless.  However, a new study shows they don’t work and, in some cases, actually improve the image quality.

“The countermeasures had no effect on plate legibility under dark conditions,” quoted the study. “All rear plate images were clearly legible, with no significant difference between the test plate images and the control plate image. A citation could have been issued in all cases,” the study said.

Washington State law requires license plates to be attached conspicuously at the front and rear of each vehicle. However, the law also allows for an exemption if it is impossible to affix the plate. The Washington state patrol may grant exceptions to this subsection if the body construction of the vehicle makes compliance impossible.”

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

Debate Continues Over Putting New Jail Outside of Bellingham

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Australia's largest prison will be big business on the New South Wales north coast - ABC News

The debate continues over the location of the new jail.

The county has been working since 2003 to choose the site of a new jail as the current facility has become dilapidated and overcrowded.  The downtown jail was built to handle 147 inmates.  Now, due to double bunking, between 250 and 300 inmates are crammed inside. The new sites being considered are outside of city limits near Bellingham International Airport.

Voters in 2004 approved a sales tax increase to start saving up for a new facility.  Several years ago, costs were estimated to be between $55 million and $60 million.  Those estimates are now up to potentially $144.4 million if construction were to begin in 2015.
My opinion?  Do something.  We’ve waited too long.  Although I’d rather have a downtown jail for ease of access to incarcerated clients (I work downtown), any solution at this point is preferable.  The present jail is disgusting.  Dirty, smelly, old and dangerous in the face of an earthquake.
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.

Yes, Crime Is Down . . . But For How Long?

Assault, Domestic Violence, felony, Homicide & Manslaughter, Rape, Studies, Violent Crime, Whatcom County Criminal Defense, , ,

NRA-ILA | Stemming the Tide: Violent Crime Decreased in First Six Months of 2017

My opinion?  That’s good news.  It debunks any theories that economic recessions leads to increased crime rates.  I, for one, haven’t seen a dramatic increase in crime – except for maybe low-level street drugs like heroin – since the recession hit.  Still despite the successful efforts of law enforcement’s endeavors, we should not be too quick to pat ourselves on the back.

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.

Bellingham Police Suffer Cuts To Salaries, Hours

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Salt Lake City Council lifts hiring freeze on SLCPD

A citywide hiring freeze has spurred Bellingham police to call on the City Council and the mayor, asking them to replenish the number of officers on duty.  However, it appears Mayor Pike is not as receptive as the Police Guild hopes.

The amount of reported crimes went down 4 percent last year, Pike said. Because the Police Department has 2.5 percent fewer deputies, the overall workload for city police is actually lower now than it was a year ago, he said.

Pike also said the city does have money in reserves, but it would not be prudent for the city to go ahead and spend all of it.

“No, we don’t have the resources to just, on an ad hoc basis, add costs to the city,” Pike said. “There is a process that has been in play for a long time, which the guild is a part of. This is, in my view, an end-run to that process: to get special treatment, which I don’t think is appropriate.”

My opinion?  I’m impressed that Mayor Pike sees the reality of the situation.  Crime is down.  Why hire more police?  There’s plenty of police agencies in Whatcom County.  Let’s not forget, the Sheriff’s Office and the Border Patrol; along with Everson, Ferndale, Sumas, and Blaine Police Departments.

If it ain’t broke, then don’t try to fix it . . .

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.

Whatcom County Jail Gets Record Number of Inmates

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COVID-19 infections hit record high in California prisons | CalMatters

Whatcom County Jail’s population hit a record high over Presidents Day weekend and since then, law enforcement agencies have been booking fewer people, to ease the crowding.
The jail’s population reached 323 inmates – its operational capacity should be 212 inmates -the weekend of Feb. 13-15, causing the jail to run out of temporary beds and come close to running out of clothes, sheets and other resources. From Feb. 1 to Feb. 16, an average of 26 people were booked into the jail each day.

Bellingham police have been citing and releasing some people arrested on misdemeanor, and booking and then immediately releasing others.  An officer might take some people to jail to have their photos and fingerprints taken, then have the jail release them.

My opinion?  I’ll state the obvious: the criminal justice system in Whatcom County has reached peaked capacity.  Jails are overcrowded.  Trial calendars are filled.   Trust me, I know.

The easy solution?  Hire an additional judge, build additional courts, and build another jail.  Unfortunately, that’s not going to happen any time soon.   Put simply, The County lacks resources to build jails and/or hire more court staff.  This is not due to sloppy spending on the part of the County.  The Whatcom Superior Court has already eliminated numerous services due to the decrease in revenues.  That said, the likelihood of obtaining more revenue to hire another judge and/or construct another jail is slim to none.

The harder solution – and probably the more criticized; yet WORKABLE solution – is for the Prosecutor’s Office to negotiate more cases to a favorable resolution.  They’re a trial-happy bunch, and unnecessarily so.  Not every case must be brought to trial.  Justice happens when all parties leave the courtroom satisfied with the result.

At any rate, overcrowded jails are symptomatic of larger problems.  The County judiciary is burning the candlestick at both ends.  We’re seeing a decrease in judicial revenues and an increase in inmates.  The state of affairs certainly is alarming.  Why now, and why all of the sudden?

A tough nut to crack.

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.

Heroin Use On the Rise in Whatcom County

Bellingham, Bellingham Defense Attorney, Drug Court, Drug Offenses, felony, Whatcom County Criminal Defense, , ,

Google Searches Could Predict Heroin Overdoses - Scientific American

Unfortunately, heroin use is increasing in Whatcom County.

The evidence?  Increased demand for outpatient rehab has more than doubled, needle exchanges increased 36 percent for spring/summer compared to the same time last year at the county Needle Exchange Program, the number of jail inmates going through heroin withdrawals has increased 7 to 10 percent, arrests for heroin use and sale have increased, and more people are entering rehab.

The theories behind the increase?  The drug doesn’t have to be injected anymore, it’s fairly easy to get, addicts are getting younger and, in a recession, it’s cheaper than drugs that offer similar highs.

My opinion?  The article appears spot-on.  I’ve certainly seen a spike in heroin charges filed against defendants.  I only hope that abusers get help as soon as possible.  The Whatcom County Drug Task Force is VERY experienced at investigating/busting drug rings.

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

9th Circuit’s Search & Seizure Outline

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Search and Seizure Law: Have You Been “Seized” by A Police Officer? — Colorado Criminal Lawyer Blog — April 3, 2021

Interesting. The 9th Circuit Court of Appeals just released a Search and Seizure outline.

This outline is AMMUNITION for pretrial motion practice.  If you, a potential defendant, were held in custody by police, arrested, questioned, and/or your property (house & car) were searched; then your attorney should argue pretrial motions to suppress.  Pretrial motion practice protects your individual rights while providing the primary defense for your case.  Any attorney worth their salt should argue pretrial motions on your behalf.

The federal public defenders in Oregon drafted the outline.  They appear before the U.S Court of Appeals for the 9th Circuit.  This court carries appellate over many federal district courts along the west coast; Washington included.

The outline was updated from two years ago.  Among the many new cases, the big news from the Supreme Court is the decision in Arizona v. Gant overruling prior decisions that had divorced the scope of vehicle searches incident to arrest from the rationale of officer safety. The Ninth Circuit provided important guidance on computer searches in the en banc decision in Comprehensive Drug Testing.

Two district court cases from last summer provide a reminder of the practical importance of motion practice for our clients: Judge Jones and Judge Haggerty granted motions to suppress in Freeman and Izguerra-Robles, litigated by AFPDs Ellen Pitcher and Nancy Bergeson, respectively.

Again, great bedtime reading.  A “must have” for attorneys arguing pretrial motions.

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

Too Much Information: Blogging Lawyers Face Ethical and Legal Problems

Bellingham Defense Attorney, Rules of Professional Conduct, Social Media, Studies, Whatcom County Criminal Defense, , ,

Blogging 101: 5 Tips for Lawyers - MyCase Blog

Chalk it up to the age of Facebook. Blogging lawyers and judges have landed in trouble with legal ethics regulators and judges, while one blogging lawyer ended up as a defendant in a defamation lawsuit.

My opinion?  I’ve blogged for some time now.  Early on, I discovered that my ethical duties under the Rules of Professional Conduct (RPC’s) clearly prohibit me from discussing certain things.  This is ESPECIALLY true in matters involving judges and clients.

For example, RPC 8.2 prohibits lawyers from making making statements against judges that ” . . . the lawyer knows is false or with reckless disregard as to its truth concerning the qualifications, integrity, or record of the judge.”  Indeed, the rule goes on to say that lawyers take an active role in squelching “bad talk” about judges: ” Lawyers . . . should support and continue traditional efforts to defend judges and courts from unjust criticism.”

Additionally, RPC 1.6 — which addresses client confidences/secrets — holds that a lawyer SHALL NOT reveal confidences or secrets relating to the representation of a client unless the client consents after consultation.

Lawyers, be careful.  Treat clients and judges like gold.  The internet doesn’t exist in a vacuum . . .

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.