Category Archives: Search Warrant

State v. Hinshaw: Absent Exigent Circumstances, Cops Can’t Enter Your Home Without a Warrant & Arrest for DUI

911 Call, Constitutional Rights, Corpus Delicti, Due Process, DUI, Exigent Circumstances, Jury Trial, law enforcement, misdemeanor, police, Privacy, Probable Cause, Search and Seizure, Search Warrant, Washington Court of Appeals, , ,

EXIGENT CIRCUMSTANCES | Austin Criminal Defense Lawyer

Great opinion.

In State v. Hinshaw, the WA Court of Appeals held that absent Exigent Circumstances, police cannot enter a home without a warrant & arrest for DUI.

Here, the Moses Lake Police investigated reports of a car unlawfully driving on a bike path.  Police search the path.  They find Mr. Hinshaw on a bike close to the path.  He said he was a passenger in the suspect car, but denies driving.  They release him.

Later, the police find the suspect car in his driveway.  It had a flat tire.  They knock on the door.  He answers the door, yet refuses to come out.  He admits to drinking earlier.  Officers grab his arm, go inside of his home, and arrest him for DUI.  They are concerned his BAC level was dissipating.

The Court of Appeals rejected the State’s argument that “exigent circumstances” justified Mr. Hinshaw’s warrantless seizure.  The Court saw several errors in the police officer’s conduct.   First, the officers failed to establish how quickly the BAC would/could dissipate.  Second, the officers could not estimate how long it would take to get a warrant.

Third, although the police had probable cause to believe Mr. Hinshaw became intoxicated and drove home, the reckless operation of the car and consequent threat to public safety had ended.  Mr. Hinshaw was neither armed nor dangerous.  He posed no threat to the public or officers.  His car was disabled.  Consequently, exigent circumstances did not exist.

My opinion?  Great opinion!  The Court of Appeals saw through the State’s smoke and mirrors.  This was not a case about exigent circumstances.  An emergency never existed!  No, this was a bona-fide; unlawful exercise of “arrest first, ask questions later” on the part of the police.  Clearly unlawful.  Kudos to the 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.

 

Kitsap Jury Acquits Medical Marijuana Defendant

Constitutional Rights, Drug Offenses, Due Process, felony, Jury Trial, Legislation, marijuana, Privacy, Search Warrant, , ,

Pennsylvania MMJ Patients Face Choice: Cannabis or Guns? | Leafly

A medical marijuana patient being prosecuted in Kitsap County Superior Court for drug trafficking was found not guilty on Tuesday morning, after a jury ruled that his use of the drug was within the law.

The jury deliberated for approximately two hours prior to its ruling.

The prosecution alleged that the crop was being sold commercially, and that the Olsons were hiding behind medical marijuana laws as cover for a drug operation.

Defendant Bruce Olson decided to go to trial as the law had changed and he was advised that he had a better chance of acquittal.

The trial was attended by a floating group of medical marijuana activists, from patients to political activists. Several of them noted that it was rare for such cases to go to trial, as defendants usually enter a plea.

These activists filled the courtroom throughout the trial, with no visible support for the prosecution’s position.

Olson, who turns 55 on Wednesday, maintained a subdued manner throughout the trial, and barely talked when he was in the courtroom. This changed on Tuesday, when he was laughing and joking with his attorney prior to the verdict’s reading.

When it was announced Olson blurted “thank you, thank you you guys” to the jury, prompting Superior Court Judge Leila Mills to repeat her admonition to stay quiet until the jury was released.

“As a businessman I am really discouraged at all the money that was spent on this trial . . . It was a waste, and a lot of people who have seen the trial and are in business are wondering why I was prosecuted.” ~Defendant Bruce Olson

My opinion?  Great job, jury.  The government should not tamper in the affairs of defendants who are licensed to possess marijuana.  Period.   I welcome the day when marijuana will be legalized.  Let’s face it: the “War on Drugs” has failed.  Marijuana should not be demonized as a Gateway Drug.  Legalize it!

Decades of Disparity: Drug Arrests and Race in the United States

Constitutional Rights, Drug Offenses, Due Process, felony, Jail, law enforcement, marijuana, misdemeanor, police, Privacy, Race & Law, Search and Seizure, Search Warrant, Sentencing, Studies, , ,

The War on Drugs: Race, Class, Colonialism and the Politics of Pleasures – Culture, Power and Politics

New drug arrest data shows the persistence and extent of racial disparities in the “War on Drugs” in the United States.

The report indicates dramatic racial disproportions among incarcerated drug offenders.  It states, “Since blacks are more likely to be arrested than whites on drug charges, they are more likely to acquire the convictions that ultimately lead to higher rates of incarceration.” The report also shows that although data indicates that blacks represent about one-third of drug arrests, they constitute 46 percent of persons convicted of drug felonies in state courts.

Among black defendants convicted of drug offenses, 71 percent received sentences to incarceration in contrast to 63 percent of convicted white drug offenders.

My opinion?  The “War on Drugs” should rename itself as the  “War on Race.”  The data speaks for itself.

End the War on Drugs.  Legalize marijuana.  Stop institutional racism.

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.