Category Archives: Search and Seizure

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, , ,

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.

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, , ,

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

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

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.

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.

State v. Garcia-Salgado: DNA Swab is Unlawful if State Lacks Warrant Supported By Probable Cause

Constitutional Rights, DNA, felony, Jail, Privacy, Probable Cause, Search and Seizure, Search Warrant, Washington Supreme Court, , ,

My Rights When Police Want my DNA in a Sex Assault Case | Berry Law

In State v. Garcia, the WA Supreme Court held that collecting a DNA swab from a defendant was unlawful search because it was made without a warrant and without probable cause based on oath or affirmation.

Petitioner Alejandro Garcia-Salgado was convicted of a Sex Offense in King County Superior Court after the results of his D.N.A. test linked him to the victim, and were were admitted into evidence during his trial.  He appealed his conviction, saying that the State lacked probable cause to test his D.N.A. and that conducting the test without his consent pursuant to a court order violated his constitutional rights.

The Washington Court of Appeals affirmed Garcia-Salgado’s conviction, holding that sufficient evidence existed in the record to establish probable cause for a test of Garcia-Salgado’s D.N.A.  Garcia-Salgado appealed this decision to the Supreme Court of Washington.

The WA Supreme Court reasoned that a cheek swab for DNA is indeed a search that intrudes into the body.  A search that intrudes into the body may be made  pursuant  to  an order entered under  CrR 4.7(b)(2)(vi) if (1) the order is supported by probable case based on oath or affirmation, (2) is entered by a neutral and detached magistrate, (3) describes the place to be searched and the thing to be seized, and (4) if there is a clear indication that the desired evidence will be found, the test is reasonable, and the test is performed in a  reasonable manner.

Here, the WA Supremes decided the trial court errored in procuring the DNA swab because the State lacked a warrant supported by probable cause.  “Consequently, this court cannot say that there was probable cause to search Garcia-Salgado’s DNA.  We reverse the Court of Appeals and remand.”

My opinion?  Heinous as the crime was, the WA Supremes decided correctly.  Defendants have rights, plain and simple.  The criminal justice system must conduct investigations in accordance with these rights.  If the process is short-cutted or made sloppy, then convictions cannot stand.  Here, the State failed to get a warrant for the DNA swab.  Consequently, they should not be allowed to present the DNA evidence at trial.  Good opinion.

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.

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.

Study Contends Pot Isn’t a Major “Gateway Drug”

Drug Offenses, marijuana, misdemeanor, Race & Law, Search and Seizure, , ,

Marijuana The Gateway Drug To Pizza and Beer: Lined Journal: The Thoughtful Gift Card Alternative: Uncle Bud: 9781070262895: Amazon.com: Books

A new report casts doubt on the argument that marijuana is a “gateway drug” that plays a major role in leading people to try other illegal drugs.  Researchers found that other factors, such as ethnicity and stress levels, are more likely to predict whether young adults will use other illegal drugs.

The researchers based their findings on surveys of 1,286 young adults who attended Miami-area public schools in the 1990s.  Ethnicity was the best predictor of future illegal drug use, the study findings indicated, with whites the most likely to use the drugs, followed by Hispanics and then blacks.

The study findings are published in the September issue of the Journal of Health and Social Behavior.

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.