Category Archives: Methamphetamine

State v. Harrington: “Progressive Intrusion” = Unlawful Search

Constitutional Rights, Drug Offenses, Due Process, felony, Jury Trial, law enforcement, Methamphetamine, misdemeanor, police, Privacy, Search and Seizure, Terry Stop, Washington State Patrol, Washington Supreme Court, , ,

4 Charts That Show Stop-and-Frisk Is a Terrible Crime-Fighting Tool

In State v. Harrington, the WA Supreme Court held that the “Progressive Intrusion” of the officer during the investigations was an unlawful search.

Issue was whether the police unlawfully searched/seized the defendant prior to arrest, in violation of article I, section 7 of the Washington Constitution, requiring suppression of drugs found on his person.

In short (yes, I’m getting to the good part), the WA Supremes decided the search WAS unlawful, and amounted to a “progressive intrusion.”  Evidence suppressed, case thrown out of court.

The facts: On August 13, 2005, 11:00PM, Officer Reiber of the Richland Police was driving his police car on duty.  He noticed soon-to-be defendant, Dustin Harrington, walking down the sidewalk.  Officer Reiber made a U-turn, drove past Harrington, and pulled into a driveway.  He did not activate his lights or siren.  Officer exited his car and made contact with Harrington (this is called a “social contact”).

Officer Reiber asked questions.  Harrington answered them awkwardly and non-sensically.  Officer became nervous because Harrington kept putting his hands in his pockets.  The conversation lasted about five minutes.

State patrol Trooper William Bryan drove by the scene.  He initiated a U-turn, got out of his car, and approached the two men.  Similar to Officer Reiber, Trooper Bryan did not activate his emergency lights.  Upon contact, Trooper Bryan did not speak to either gentleman.  He stood about eight feet away.

Officer Reiber asked Mr. Harrington if he could pat down Harrington “for officer safety reasons.”  Mr. Harrington said “No.”  Officer patted Harrington down anyway, against Harrington’s consent.  During the pat-down, Officer Reiber found a glass pipe used for smoking methamphetamine.  Reiber arrested Harrington.  During the search, officers discovered a pipe and baggie containing methamphetamine on Harrington’s person. Harrigton was charged with Unlawful Possession of Methamphetamine.

The WA Supremes articulated why the search/arrest was illegal, and consequently, why the evidence should be suppressed.  They discussed what “social contact” between an officer and citizen means:

“The phrase’s plain meaning seems somewhat misplaced.  ‘Social contact’ suggests idle conversation about, presumably, the weather or last night’s ball game — trivial niceties that have no likelihood of triggering an officer’s suspicion of criminality.  The term ‘social contact’ does not suggest an investigative component.”

The Court further reasoned that subsequent events quickly dispelled the social contact and escalated the encounter to an unlawful seizure. First, Trooper Bryan’s arrival at the scene escalated the situation away from a mere “social contact” because a reasonable person would think twice about the turn of events.  As a result, Trooper Bryan’s presence contributed to the eventual seizure of Harrington.

Second, Officer Reiber’s request for Mr. Harrington  to remove hands from pockets added to the officer’s unlawfully progressive intrusion.  Third, Mr. Harrington did not consent to the search.  Officers MUST have a well-founded suspicion to search when they lack a defendant’s consent.

Here, these circumstances lacked the foundational basis for a search.  Finally, and before Officer Reiber’s request to search, he did not ask for Harrington’s name or address, did not conduct a warrant check, and did not ask if Harrington carried drugs.

The court concluded Harrington was unconstitutionally seized because, like him, an objectively reasonable person would not have felt free to leave when officers asked to frisk.  Consequently, the seizure violated article I, section 7 of the Washington Constitution.

My Opinion?  Excellent.  Beautiful.  On point.  The WA Supremes got it right.  The cumulative effect of these violations — all three of them — amounted to an unlawful search.  I’m extremely happy the WA Supremes addressed the fine line between a lawful “social contact” and unlawful “progressive intrusion.”  I’ve had numerous clients face criminal charges as a result of an officer’s apparently innocent “social contact,” which was, in reality, a progressive intrusion into their privacy.

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. Winterstein: Parole Officers Cannot Search A Home If Facts Do Not Support the Officer’s Belief That Probationer Lives There.

Constitutional Rights, Due Process, felony, Knock & Talk, law enforcement, Methamphetamine, police, Privacy, Probable Cause, Search and Seizure, Search Warrant, Washington Supreme Court, , ,

Parole and probation have grown far beyond resources allocated to support them

In State v. Winterstein, the WA Supreme Court held that parole officers cannot search a home if the facts do not support the officer’s belief that that defendant on probation lives there.

Terry Lee Winterstein was convicted of Unlawful Manufacture of Methamphetamine after his probation officer conducted a warrantless search of his residence. After trial, Winterstein’s counsel discovered that Winterstein had reported a change of address with the Department of Corrections at least three weeks prior to the search.

Neverthless, the probation officer searched Winterstein’s prior residence. Winterstein argued that the evidence gathered as a result of the warrantless search should be suppressed because his probation officer did not have the authority of law to search a house that was not Winterstein’s documented residence.

The trial court denied the motion and the Court of Appeals affirmed. The Court of Appeals also held that regardless of the illegal search, the evidence could be admissible under the “inevitable discovery doctrine”—that is, evidence that police would have ultimately or inevitably discovered through other (lawful) means.

The case wound its way up to the WA Supreme Court.

First, the Court addressed whether the probation officer’s search of the Winterstein’s former residence was proper.  They reasoned that, generally speaking, individuals under Department of Corrections supervision have a lesser expectation of privacy, and can be searched on the basis of a reasonable suspicion of a probation violation.  However, the Court also said that probation officers must have probable cause—a higher standard—to believe that their probationers live at the residences they search:

“In this context, probable cause exists when an officer has information that would lead a person of reasonable caution to believe that the probationer lives at the place to be searched. The information known to the officer must be reasonably trustworthy. Only facts and knowledge available to the officer at the time of the search should be considered.”

Second, the Supremes addressed the Inevitable Discovery Doctrine.  They reasoned it is well-established that article I, section 7 of the Washington Constitution provides greater protection of privacy rights than the Fourth Amendment of the U.S. Constitution. Section 7 says: “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.”

While federal cases have allowed for inevitable discovery, and the state Court of Appeals has applied the doctrine, the Supreme Court said the doctrine is “speculative and does not disregard illegally obtained evidence”—and is therefore incompatible with the state constitution’s expansive protection of privacy.

My opinion?  Extremely well-articulated and correct decision.  The WA Supremes’ handling/dispatching of the Inevitable Discovery Doctrine acknowledges the expanded freedoms under the WA Constitution in comparison to the U.S. Constitution.  Admitting evidence under the Inevitable Discovery Doctrine leaves no incentive for the State to comply with the constitution’s requirement that arrests precede searches.

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.

Amid Recession Meth Menace Evolves

Bellingham, Bellingham Defense Attorney, Drug Court, Drug Offenses, felony, Methamphetamine, Studies, , ,

Crystal meth: Europe could now see a surge in supply and use

Apparently, the meth problem has grown in the face of dwindling State/County budgets.

My opinion?  It makes sense.  My last blog discussed how heroin use increased in Whatcom County.  Similarly, I would expect meth use to increase as well.  It’s a sad state of affairs.  We’ve all felt the crunch of this economy: people lose their jobs, financial situations seem hopeless, we need to feel better, and, for some, drugs provide the outlet.

Know this: meth is a particularly nasty drug bringing particularly nasty consequences.  Under Washington’s Sentencing Reform Act (SRA), a person with no criminal history is exposed to 12-20 months PRISON for delivering methamphetamine.  RCW 69.50.401(2)(b).  Meth charges are also classified as Class B felonies, which are serious felonies under the SRA.  Finally, delivery charges automatically prohibit a defendant from entering Drug Court.

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.