Category Archives: Drug Offenses

Extra DUI Patrols Nab 1,600 Washington Drivers

Blood Test, Constitutional Rights, Department of Licensing, Drug Offenses, DUI, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Search Warrant, Terry Stop, Uncategorized, Washington State Patrol, , ,

Police across Washington state arrested more than 1,600 people during a recent drunken-driving enforcement campaign.

According to statistics from the Washington Traffic Safety Commission, 1,603 drivers got busted during this summer’s “Drive Hammered, Get Nailed” anti-DUI campaign, which ran from Aug. 17 to Sept. 3.

A grant from the Traffic Safety Commission paid for the extra patrols. The commission says August is typically one of the deadliest months on Washington’s roads.

My opinion?  Obviously, it’s important to know your Constitutional rights – and respectfully exercise them – during a DUI investigation.  Being stopped for DUI brings many legal issues to the forefront which a competent attorney can address.  Hopefully, your attorney can suppress the evidence and/or get the DUI charges reduced/dismissed.

Was the stop legal?  Was there enough evidence to establish probable cause to arrest?  Were you informed of the implied consent warnings?  Were you advised of your right to an attorney?  Did you provide a portable breath test reading?  Did you perform field sobriety tests?  Did you refuse the Blood Alcohol test at the jail?  If not, was your test result above .08?  Is there an administrative action from the Department of Licensing to suspend or revoke your driver’s license?

These questions, and a host of others, affect how an attorney represents you case.  Although it’s best to avoid a DUI in the first place, it’s equally important to hire competent counsel if you’re charged with DUI.

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.

Increased DUI Patrols in Whatcom County

Bellingham, Blood Test, Department of Licensing, Drug Offenses, DUI, felony, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Search Warrant, Terry Stop, Uncategorized, Washington State Patrol, Whatcom County Criminal Defense, , ,

Be careful.  Extra troopers, deputies and police officers will be on patrol this weekend in Whatcom County and around the state in an effort to get impaired drivers off the roads.

About 1,000 law officers will be on duty in Washington the nights of Friday, Dec. 16, and Saturday, Dec. 17, for the 21st annual “Night of 1,000 Stars.”  The name refers to the badges worn by officers who will be watching for traffic violations, especially drunken driving, aggressive driving, speeding, and failure to wear a seatbelt.  “Every single year that we go through this we arrest people who made a bad choice,” said Washington State Patrol Trooper Keith Leary. “We want people to take our message seriously.”

A State Patrol airplane will also patrol Northwest Washington both nights.

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.

Holiday Season Brings Extra DUI Patrols

Bellingham, Blood Test, Department of Licensing, Drug Offenses, DUI, felony, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Privacy, Search and Seizure, Search Warrant, Terry Stop, Washington State Patrol, , ,

Revelers should keep an eye on their cocktail consumption, as law enforcement will be putting extra time into finding drunk drivers this holiday season, starting Thursday, Nov. 24.

State Patrol troopers, police officers and sheriff’s deputies are conducting extra DUI patrols from Thanksgiving to Jan. 2, in an effort to reduce injuries and deaths caused by drunken driving.

Officers in Whatcom County arrested 151 people for driving under the influence during the same period of increased patrols last year. The enforcement is part of Washington’s Strategic Highway Safety Plan to eliminate traffic fatalities by 2030.

My advice?  Take a taxi!  Paying $10-$50 for a ride home is MUCH cheaper than $5K in attorney fees, fines, suspended license costs, evaluations, and treatment.

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.

Sheriff’s Office Patrolling the Waters

Blood Test, Boating Under the Influence, Drug Offenses, DUI, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Search Warrant, Terry Stop, Washington State Patrol, , ,

On land, sea and air . . .

Boaters hitting the water for the first weekend of summer should have a designated captain, as the Whatcom County Sheriff’s Office will be launching extra patrols on county waters starting Friday, June 24.

The patrols will look for people who are boating under the influence of drugs or alcohol through Sunday. The effort is part of a nationwide weekend of enforcement aimed at reducing the number of alcohol-related accidents on the water.

As part of the extra patrols, deputies will be making contact with boaters, doing safety checks and performing enforcement. Regular enforcement patrols will take place throughout the 2011 boating season.

My opinion?  Watch your drinking!  BUI (Boating Under the Influence) is the same as DUI (Driving Under the Influence) and carries similar penalties: jail, court fines, loss of license, alcohol evaluations, probation, etc.  It’s tempting to drink out there in the open water, but BE SAFE.

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.

DUI Emphasis Patrol Begin June 24

Bellingham, Blood Test, Constitutional Rights, Department of Licensing, Drug Offenses, DUI, felony, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Search Warrant, Terry Stop, Washington State Patrol, , ,

Be careful . . .

Extra DUI patrols will be enforced throughout Whatcom County from June 24 to July 4.

The patrols are part of an annual statewide emphasis on DUI enforcement. More than 20 percent of deaths related to drunk driving happen in June and July, according to the Washington Traffic Safety Commission, which is funding the increased patrols through a grant.

During last year’s summer patrol emphasis, police arrested 91 motorists in Whatcom County for driving under the influence.

Drunk driving is involved in about half of all deaths on state roads, according to the commission. In 2010, there were 229 deaths involving a driver under the influence of alcohol or drugs in Washington. That’s 17 percent below the previous five-year average.

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.

State v. Schultz: Warrantless Search of Home

911 Call, Constitutional Rights, Domestic Violence, Drug Offenses, Exigent Circumstances, felony, Knock & Talk, law enforcement, marijuana, Methamphetamine, misdemeanor, police, Privacy, Search and Seizure, Search Warrant, Washington Supreme Court, , ,

Excellent opinion. In State v. Schulz, the WA Supreme Court held that the Exigent Circumstances exception to the Search Warrant requirement was inapplicable when police unlawfully searched the Defendant’s home.

BACKGROUND FACTS

Officers received a 911 call about a couple was yelling inside their apartment.  Officers drove to the scene.  The woman, Ms. Schultz, consented to the officer’s request to enter the apartment.  Officers found a marijuana pipe.  Upon their find, they also conducted a more intrusive – and warrantless – search of the apartment.  Methamphetamine was found. Ms. Schultz was charged with Possession of Methamphetamine.

COURT’S REASONING AND CONCLUSIONS

The WA Supremes reasoned the test for an emergency aid exception (also called Exigent Circumstances) entry has been expanded to include the following elements: (1) The police officer subjectively believed that someone likely needed assistance for health or safety concerns; (2) a reasonable person in the same situation would similarly believe that there was need for assistance; (3) there was a reasonable basis to associate the need for assistance with the place being searched; (4) there is an imminent threat of substantial injury to persons or property; (5) state agents must believe a specific person or persons or property are in need of immediate help for health or safety reasons; and (6) the claimed emergency is not a mere pretext for an evidentiary search.

They further reasoned that here, the mere acquiescence to an officer’s entry is not consent to search.  It is also not an exception to our state’s constitutional protection of the privacy of the home. Finally, while the likelihood of domestic violence may be considered by courts when evaluating whether the requirements of the emergency aid exception to the warrant requirement have been satisfied, the warrantless entry in this case was unnecessary.  Officers merely heard raised voices from outside the home.  The agitated and flustered woman who answered the door indicated that no one else was present in the home.  No emergency existed.

My opinion?  Good decision.  Granting a police officer’s request to enter the home is not, by itself, consent to search the home.  Period.

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.

Latest DUI Emphasis Patrol Nets 151 Whatcom County Drivers

Bellingham, Bellingham Defense Attorney, Blood Test, Department of Licensing, Drug Offenses, DUI, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Terry Stop, Washington State Patrol, Whatcom County Criminal Defense, , ,

The latest “Drive Hammered, Get Nailed” campaign put more officers on patrol during the holiday season and resulted in 151 Whatcom County drivers being arrested on suspicion of drunken driving.

The campaign began Nov. 25 and ended Jan. 2. The Washington State Patrol, the Whatcom County Sheriff’s Office and the Bellingham, Ferndale and Western Washington University police departments participated.

Statewide, more than 3,500 people were arrested for DUI during the campaign.

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.

State v. Doughty: WA Supremes Limit Scope of Terry Stops

Constitutional Rights, Drug Offenses, felony, Jail, Jury Trial, law enforcement, Methamphetamine, misdemeanor, police, Probable Cause, Search and Seizure, Search Warrant, Terry Stop, Washington Supreme Court, , ,

In State v. Doughty, the WA Supreme Court held that a person’s two-minute visit to a suspected drug house at 3:20 in the morning is insufficient grounds for an investigative seizure.

Late one night, defendant Walter Moses Doughty approached a suspected drug house, stayed for two minutes, then drove away.  A police officer who observed Doughty’s approach and departure stopped Doughty on suspicion of drug activity.  This is typically called a Terry stop under Terry v. Ohio.

During this investigative seizure the officer ran a records check and, based on the results, arrested Doughty for driving with a suspended license.  Police found methamphetamine during a vehicle search incident to arrest.  At trial, he was convicted of Possession of Methamphetamine. The Court of Appeals confirmed the conviction.  The case ended up with the WA Supremes.

Some explanation of a Terry stop is necessary.  In justifying the particular intrusion/investigation, the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.  When reviewing the merits of an investigatory stop, a court must evaluate the totality of circumstances presented to the investigating officer.  The State must show by clear and convincing evidence that the stop was justified.

Under this analysis, the WA Supremes reasoned that a person’s presence in a high-crime area at a “late hour” does not, by itself, give rise to a reasonable suspicion to detain that person.  Similarly, a person’s “mere proximity to others independently suspected of criminal activity does not justify the stop.”

Although the State argued the circumstances warranted the search, the court reasoned that Police may not seize a person who visits a location — even a suspected drug house — merely because the person was there at 3:20 a.m. for only two minutes.  “The Terry-stop threshold was created to stop police from this very brand of interference with people’s everyday lives.”  Additionally, the United States Supreme Court embraced the Terry rule to stop police from acting on mere hunches.

Finally, the Court reasoned that Officer Bishop relied only on his own incomplete observations.  There was no informant’s tip and no furtive movement.  Bishop merely saw Doughty approach and leave a suspected drug house at 3:20 a.m.  Bishop had no idea what, if anything, Doughty did at the house.  Accordingly, these circumstances does not warrant intrusion into Doughty’s private affairs.

The WA Supremes reversed the Court of Appeals, suppress the evidence against Doughty, and vacated his conviction.

My opinion?  GREAT decision.  It’s always nice when our esteemed judges follow the law in undramatic fashion.  Clearly, the stop was unlawful and the evidence should have been suppressed by the trial court and court of Appeals. 🙂

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.

Make New Crack Law Retroactive

Drug Offenses, felony, law enforcement, Legislation, police, Race & Law, , ,

Good stuff.  Very informative article regarding Obama’s move to lighten up on federal crack cocaine laws,

Last month, President Obama signed landmark legislation title the Fair Sentencing Act. The legislation broadly condemned laws passed in the late 1980s that punished crack cocaine offenses much more harshly than crimes ­involving powder cocaine. The new law raises the minimum amount of crack required to trigger a five-year mandatory minimum sentence from 5 to 28 grams, and the amount of crack required to generate a 10-year mandatory minimum from 50 to 280 grams.

Although far from perfect — the new law still maintains an excessive distinction between crack and powder cocaine — the changes could, according to the U.S. Sentencing Commission, affect as many as 3,000 defendants each year, reducing the average prison term for crack offenses by more than two years.

The article’s authors also argue Congress should finish the job by making the new scheme retroactive — a move that would permit thousands of men and women who were sentenced long ago for crimes involving crack to benefit from lawmakers’ new and enlightened perspectives about punishment for those types of offenses.

My opinion?  I totally agree with the article’s authors.  The so-called harmful effects of crack cocaine was largely demonized as the exact reason why the “War on Drugs” became so popular.  And here we are, 2-3 decades later, with overcrowded jails and the “harmful effects of crack cocaine” proven largely untrue.  Yet the war rages on, stupidly.  Congress needs to abandon the archaic drug laws relating to crack cocaine.

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.

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, , ,
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.