Category Archives: police

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, , ,

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

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, , ,

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

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, , ,

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

Bellingham Defense Attorney, law enforcement, police, Police Misconduct, Red Light Cameras, , ,

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

Bellingham, Bellingham Defense Attorney, law enforcement, Legislation, police, Whatcom County Criminal Defense, , ,

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

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, , ,

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.

Make New Crack Law Retroactive

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

Obama signs bill reducing cocaine sentencing gap - CNN.com

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, , ,
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.

Study Shows How the Innocent Confess to Crimes

Constitutional Rights, Interrogation, law enforcement, police, Police Misconduct, Pretrial Investigations, Privacy, Prosecutorial Misconduct, Race & Law, Search and Seizure, , ,

Criminal Confessions | 7plus

New research shows how people who were apparently uninvolved in a crime could provide such a detailed account of what occurred, allowing prosecutors to claim that only the defendant could have committed the crime.

An article in the Stanford Law Review written by Professor Garrett of the Virginia School of Law draws on trial transcripts, recorded confessions and other background materials to show how incriminating facts got into those confessions — by police introducing important facts about the case, whether intentionally or unintentionally, during the interrogation.

Professor Garrett said he was surprised by the complexity of the confessions he studied. “I expected, and think people intuitively think, that a false confession would look flimsy,” like someone saying simply, “I did it,” he said.   Instead, he said, “almost all of these confessions looked uncannily reliable,” rich in telling detail that almost inevitably had to come from the police. “I had known that in a couple of these cases, contamination could have occurred,” he said, using a term in police circles for introducing facts into the interrogation process. “I didn’t expect to see that almost all of them had been contaminated.”

My opinion?  To defense lawyers, the new research is eye opening. In the past, if somebody confessed, that was the end.  You couldn’t imagine going forward.  Although the confession is hearsay, which is generally an out-of-court statement made to prove the truth of the matter asserted, there are over 20 exceptions to the hearsay rule.  Bottom line, a judge typically allows juries to hear confessions.

This new research calls upon defense attorneys to investigate the conditions under which the confession took place.  Was the confession recorded?  How long was it?  Was the defendant rested?  Under the influence?  Did the defendant request an attorney?  Important questions, all of them . . .

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

Whatcom County Cops Bust 63 Drivers In Latest DUI Campaign

Bellingham, DUI, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Terry Stop, Washington State Patrol, , ,

Can You Get a DUI After You are Home? | WK

Pre-holidays, no less.

Whatcom County law enforcement agencies arrested 63 people for alleged DUI during the latest enforcement campaign, which started Aug. 12 and ended Sept. 6.

Statewide, officers from 176 agencies arrested 2,672 drivers in the “Drive Hammered, Get Nailed” campaign, according to the Washington Traffic Safety Commission.

Officers, deputies and troopers from the Whatcom County Sheriff’s Office, the Washington State Patrol and the Bellingham, Ferndale and Western Washington University police departments participated in the campaign.

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.