Category Archives: law enforcement

Extra DUI Patrols Nab 1,600 Washington Drivers

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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

WSP upping DUI emphasis patrols - YakTriNews.com

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.

3 Tips To Avoid A Holiday DUI | DUI | DUI Lawyers | Criminal Defense

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

Amazon.com: LEGO City Police Patrol Boat 60129: Toys & Games

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

DUI Enforcement | City of Vancouver Washington

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

Vindictive Police: 6 Detectives Search Yehuda Glick's Home following Temple  Mount Arrest | The Jewish Press - JewishPress.com | David Israel | 24  Shevat 5780 – February 19, 2020 | JewishPress.com

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

Drive Hammered Get Nailed! - The Bee -The buzz in Bullhead City - Lake Havasu City - Kingman - Arizona - California - Nevada

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.

Red Light Cameras Arrive in Spring 2011

Here they come.

Beginning April 1, motorists in Bellingham can expect to see traffic cameras at six locations that have been pinpointed as areas with high instances of speeding in school zones or vehicles running red lights. The first 30 days is an amnesty period where violators will receive warning tickets.

When the City Council voted on the camera ordinance on Nov. 23, Councilman Seth Fleetwood was the lone opposer saying it was a “tough decision.” Ultimately, Fleetwood voted against it saying, “Do we want to live in a place with cameras?”  Fleetwood also disagreed with the City Council’s decision to cancel a public hearing on the subject.  The City Council never rescheduled the meeting.  He called the cancellation “A bad move.”

Based on traffic studies in conjunction with the Bellingham Public Works Department, the Police Department came up with four locations for traffic cameras to detect red-light running: westbound on Holly Street at N. Forest Street; northbound on Ellis Street at Lakeway Drive; northbound on Meridian Street and Telegraph Road; and southbound on Samish Way at 36th Street, near Sehome Village.

Here’s how they work: when a vehicle runs a red light or is detected speeding at one of the intersections, the video equipment is triggered capturing about 12 seconds of footage including the vehicle’s license plate. State law stipulates that the camera may take pictures only from the rear of the vehicle and never the faces of the driver or passengers. Electronic images may not be used for any other purpose and must not be retained longer than necessary to enforce the violation.

The cameras are always in operation but capturing footage only when they are triggered by a vehicle in violation.  Images and video are reviewed by ATS and then a Bellingham Police officer trained on the equipment affirms each violation. If you receive a notice, you can make the payment to ATS or appeal. If you were not the driver of the vehicle, you can contest it in writing.

A ticket generated by the traffic cameras is processed as a “civil infraction” similar to a parking ticket. This is different from a notice of infraction, which occurs when a police officer pulls over a driver accused of running a red light or speeding in a school zone. The notice of infraction is reported to the driver’s auto insurance; the civil infraction is not.

Studies conducted by ATS and other private companies show that camera installation creates safer streets. However, independent studies and those done by news organizations have shown an increase in accidents at intersections where cameras have been installed.

Meantime, at least seven states have banned red-light cameras, including Maine, Mississippi, Montana, Nevada, New Hampshire, West Virginia and Wisconsin, according to Anne Teigen, a transportation specialist at the National Conference of State Legislatures.

My opinion?  Bad idea.  I’ll tell you a secret: yellow lights are timed MUCH shorter at intersections with traffic cameras.  Quite literally, you must be already driving through the intersection when the light turns yellow.  Otherwise, you’ll be caught, pictured, and ticketed.  These traffic lights are not proven to decrease bad driving behavior.  They are, however, proven to increase revenue for municipalities.  THAT’S what this is about.

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’s New Noise Ordinance: A Step In the Right Direction

Keep It Down! Lansdale Borough Has a New Noise Ordinance

On December 6, at 7:00 p.m., Bellingham City Council members will vote on the creation of entertainment districts designed to simultaneously protect musicians/venues from noise complaints and downtown residents from excessive noise.

Under the ordinance, the council would officially create entertainment districts downtown and in Fairhaven.  It also would make a basic declaration recognizing that music venues “add to the vibrancy and economic vitality” of the city.  Then it directs police, in considering noise complaints, to assess the issue using various criteria like (1) time of day the complaint occurs; (2) duration and volume of sound; (3) the nature of the sound; and (4) the character of the business or industry from where the sound originates.

Members of the Bellingham Downtown Alliance for Music and Nightlife said the law contains some “very promising elements” and that it was exciting the council would be making an official declaration about the importance of music and nightlife to the city.  The group also wants the city to require landlords to disclose to potential tenants in the entertainment districts that they’d be living in an area with higher volumes of noise at later hours.

My opinion?  I live downtown.  There are three  noisy nightclubs/bars in my neighborhood.  They attract a noisy crowd, especially on the weekends.  However, I moved into this area knowing the noise existed.  Indeed, I welcomed it (if you can’t beat ’em, join ’em; if you can’t take the heat then get out of the kitchen, yadda yadda . . .).

The police and the City have cowed to the complaints of local citizens and businesses who can’t handle urban noise.  Indeed, mere months ago, Plan B Lounge closed down due to the excessive complaints of one neighbor (1!) who lived above the lounge and stated he couldn’t sleep because of the noise.  The City found in his favor and determined that Plan B must install soundproofing, and/or decrease the music.  The owners chose to leave.  Another local business bit the dust.  What a loss!  Throwing the baby out with the bathwater.

I’m in favor of the ordinance.  Police must now apply specific criteria in determining whether the noise ordinance is violated.  They can no longer make arbitrary and capricious decisions (it’s more difficult, anyway).  Good.  Let’s make standards and apply them fairly.  Otherwise, musicians and venues will continue face Disorderly Conduct charges for merely expressing themselves.

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

terry stop | Nevada Public Radio

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.