Tag Archives: Mt. Vernon Criminal Defense

Can Police Access Your Home Security Cameras?

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Search and Seizure, Search Warrant, Skagit County Criminal Defense, Technology, Whatcom County Criminal Defense, , , , ,

An illustration of an police badge-shaped eyeball placed on the top of a video doorbell with a blue background.

Photo Credit: Reviewed / Tara Jacoby

Home security systems are an excellent way to protect your loved ones and belongings from unwanted intruders. With a sophisticated security setup, you can ensure a sense of control, vigilance and assurance, allowing you to focus on the moments that truly matter. Privacy is a priority for most homeowners investing in smart home security devices, especially when it comes to worries about hacking or data theft.

Although beneficial, these devices raise other concerns. Can law enforcement legally capture and/or review your home surveillance video footage whenever they want? Would you even know if they did?

REQUESTING CLOUD VIDEO UNDER “EXIGENT CIRCUMSTANCES” EXCEPTION TO  SEARCH WARRANT REQUIREMENT.

First, law enforcement may request cloud video footage in case of an emergency, better known as “Exigent Circumstances.” Here an “emergency” typically means a life-or-death situation or something else high-stakes, such as a kidnapping or a manhunt for a violent criminal.

Most security companies that offer video storage in North America will obey these emergency requests. Here’s an explanation from Google Nest on how it handles sharing user data with law enforcement. It also exlaines how it may try to narrow the scope of the request for user privacy, and how it may or may not let users know about the request. Security users may not know that their cloud videos were accessed by police.

“Before complying with a request, we make sure it follows the law and Nest’s policies,” the company says. “We notify users about legal demands, when appropriate, unless prohibited by law or court order. And if we think a request is overly broad, we’ll seek to narrow it.” ~Google Nest

In these situations, law enforcement contacts the cloud video management organization directly (usually your security brand like Arlo or Ring), and requests specific video footage from an area through channels set up to allow for such requests.

SEEKING A WARRANT FOR HOME SECURITY DEVICES

Another option police have to seize cam footage is via a warrant or similar court order. Warrants allow police to take home security devices and examine them, including any local storage that you have, so avoiding cloud storage won’t help very much.

Typically, warrants are granted only when police can provide some evidence that a crime may have been committed on the property. It depends on the court and judge where the warrant is requested, but granting warrants is common. The warrant then becomes active and has a specific scope for where and what it applies to (which is why you should always ask to view a warrant if law enforcement wants your security cameras).

Warrants raise a further important question: Will you get your home cam back if it’s seized during a legal search? That’s a subject of some deliberation, although it’s generally agreed from cases like these that the Fourth Amendment prevents law enforcement from holding onto digital devices or data indefinitely. Getting your camera back during a real-world seizure may not be so cut and dried.

REGISTERING SURVEILLANCE EQUIPMENT WITH LAW ENFORCEMENT AGENCIES

There’s an interesting third option for law enforcement that’s been growing in popularity, especially in certain cities and states where police departments are looking to tap into smart home tech. Home security owners can register their cameras and similar devices with local police departments, letting them know there is a device at a specific property that’s recording. We’re seeing programs like this everywhere from Buffalo, New York’s SafeCam to the Bay Area in California.

These programs vary, but there are several important points. First, this isn’t the same thing as registering an alarm system via a local permit, it’s specifically for video recording devices. Second, registering does not mean police can look through your cams or view any recorded footage. They know where registered residential cameras are, so they can request footage directly from participants with cameras near a crime, etc.

Finally, if you do grant permission to police to access a registered camera, they’ll be able to view and copy video images, which can be used as evidence in a criminal proceeding. Often, registration programs have requirements like banning you from sharing video with the media and other fine print. Keep in mind, police may still be able to seek a warrant to take cams and video footage if you deny a request via a registration program.

POSTING HOME SECURITY FOOTAGE ONLINE

A number of security brands offer ways to post videos online through things like the Ring Neighbors app, dedicated forums, social media groups and so on. If you post a video in a public space like this, even if you’re only asking for advice, then it’s fair game for law enforcement to use as well. Just this year, however, Ring decided to end its more liberal sharing program with police, limiting them to the life-or-death requests discussed above.

Please review my Search & Seizure Legal Guide and contact my office if you, a friend or family member are charged with a crime involving home security footage. Hiring an effective and competent defense attorney is the first and best step toward justice.

Travelers Who Are More Likely To Get Stopped By TSA

Bellingham Defense Attorney, Drug Offenses, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

'Safe-list' travelers get fast track through airport security | CNN Business

Excellent article from journalist Erika Mailman gives advice on how not to draw a TSA agent’s attention when travelling by airplane.

AGGRESSIVE BEHAVIOR

The first thing that raises a red flag is aggressive behavior. Even if you’re justifiably upset about a canceled or delayed flight, you need to keep your cool and remain courteous. Tamp down that anger, or you might get a little more attention than you bargained for.

OVERLY FRIENDLY

On the other side of the coin, overly friendly passengers draw the TSA agent’s eye. No need to make small talk—this person is not your friend. And if you’re too chatty with the agent, you may appear to be trying to disarm them. It’s best to just be polite and neutral.

NERVOUS

Another sign that the agent looks for? People who act nervous. You might be a nervous flyer or filled with anxiety about other aspects of your trip. So, while you’re going through the checkpoint, try to avoid the indications of being aflutter: clearing your throat a lot, being pale or shaky, or being wide-eyed. How can you quell those signs? Try to meditate or visualize a pleasant space in your life that makes you feel calm.

AVOIDING EYE CONTACT

Avoiding eye contact is another telltale sign. Don’t be shifty-eyed; look at the agent directly when he or she is talking to you.

BAGGY CLOTHING

Believe it or not, baggy clothing can make an agent take a second look, because they may wonder if something is being concealed under those folds of fabric. That could inspire them to request a pat-down. Your clothes can also be a red flag if they are out of season. No, we don’t mean that you’re wearing last season’s runway; we mean that you’re wearing a parka in summertime. It could make the agent think a weapon’s hidden under all that goose down.

INTOXICATION

Another thing that makes you appear suspicious is being drunk (and, relatedly, unruly). The time you spend cocktailing in the airport bar may actually cause an agent to request a blood alcohol test…and if you don’t pass, you could be denied boarding. And even if you aren’t found to be tipsy or loaded, you might have drawn unwanted attention from TSA.

CARRYING LOTS OF CASH

If you are carrying a lot of cash, especially if it’s in different denominations, you could be seen as a potential trafficker. It’s best to convert your money back to American dollars before heading to the airport.

MISCELLANEOUS

The list of suspicious behaviors and appearances continues. They include transporting electronic and electrical items such as curling irons, having an intricate hairdo with pins and clips, bringing battery packs (those go in carry-on luggage only and can’t be in checked bags), trying to get by with larger liquid containers than the allowed 3.4 ounces, and talking about bombs and guns while in line. It may surprise you to know that you can be arrested for joking about bombs while in the TSA line. The best advice is to be chill, don’t talk other than when directly addressed, and follow all the rules to a tee.

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

Going Pro-Se: Should You Represent Yourself In Court?

Bellingham Defense Attorney, Drug Offenses, Firearm, Harassment, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Is the law library a thing of the past for law firms?

Image from Shutterstock.

In State v. Gwin, the WA Court of Appeals decided an interesting case of a defendant who wanted to represent himself pro se.

BACKGROUND FACTS

Mr. Gwin was charged with unlawful possession of a firearm in the first degree, felony harassment, and possession of heroin with intent to deliver. At trial, Mr. Gwin exercised his right to self-representation. The court conducted a colloquy and determined that Gwin knowingly, intelligently, and voluntarily waived his right to counsel. The court granted Gwin’s motion to represent himself, and Gwin completed a waiver of counsel. However, the trial court denied his request for standby counsel, citing its blanket policy to deny such requests.

Gwin opted for a bench trial, waiving his right to a jury. The court found Gwin guilty of unlawful possession of a firearm in the first degree and felony harassment. Gwin was acquitted of possession of heroin with intent to deliver. On appeal, Gwin argued the court’s categorical denial of his request for standby counsel violated his right to represent himself under Washington Constitution article I, section 22.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals (COA) began by saying the Sixth and Fourteenth Amendments of the United States Constitution afford a criminal defendant both the right to (1) assistance of counsel and the right to (2) reject that assistance and to represent himself. While both are guaranteed, the right to proceed pro se and the right to assistance of counsel are mutually exclusive.

“Self-representation is a grave undertaking, one not to be encouraged. Its consequences, which often work to the defendant’s detriment, must nevertheless be borne by the defendant . . . The federal right to self-representation does not include a right to standby counsel or hybrid representation.” ~WA Court of Appeals

The COA addressed Mr. Gwin’s argument that the trial court’s refusal to appoint standby counsel violated his rights.

Because there is no constitutional right to standby counsel, the court’s failure to consider Gwin’s request is not of constitutional magnitude and is subject to analysis under the nonconstitutional harmless error standard. Under this nonconstitutional harmless error standard, ‘an accused cannot avail himself of error as a ground for reversal unless it has been prejudicial An error is not prejudicial unless, within reasonable probabilities, the outcome of the trial would have been materially affected had the error not occurred.

From there, the COA made a very clear record of Mr. Gwin’s self-representation and largely disagreed with his arguments:

“While standby counsel may have improved contact with defense witnesses and led to more success in impeaching State witnesses, Gwin has not demonstrated that the outcome of the trial would have been materially affected. Thus, the trial court’s failure to meaningfully consider Gwin’s request for standby counsel was harmless error.” ~WA Court of Appeals.

With that, the COA upheld his convictions.

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.

Investigation Into How U.S. Prisoners Are Hurt Or Killed On The Job

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Prison, Race & Law, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , , ,

Chain Gang Cuisine: The Bitter Taste of Prison Labor in Your Pantry

https://www.huffpost.com/entry/amendment-t-prohibits-prison-labor-and-court-ordered_b_580a6fd4e4b0b1bd89fdb20b

Journalists Margie Mason and Robin McDowell reported on a large-scale investigation into prison labor. In short, prisoners who are hurt or killed on the job are often being denied the rights and protections offered to other American workers. Their article discussed an  AP investigation into what has become a multibillion-dollar industry that often operates with little oversight.

“These prisoners are being placed in dangerous jobs, sometimes with little or no training. They pick up trash along busy highways, fight wildfires, and operate heavy machinery. They work on industrial-sized farms and meat-processing plants tied to the supply chains of some of the world’s most iconic brands and companies. But incarcerated workers and their families often have little or no recourse when things go wrong.” ~Journalists Margie Mason and Robin McDowell, Associated Press

Here are takeaways from the latest installment of AP’s investigation:

PRISONERS ARE AMONG THE MOST VULNERABLE U.S. WORKERS

Under the law, prisoners aren’t classified as employees. As a result, businesses can exclude them from workers’ compensation benefits, along with state and federal workplace safety standards. They cannot protest against poor conditions. They cannot form unions or strike. Some also can be punished for refusing to work, including being sent to solitary confinement. Finally, many work for pennies an hour – or nothing at all.

DANGEROUS JOBS, LITTLE OR NO TRAINING

Prisoners work in poultry plants, sawmills and in industrial factories. In many states, laws mandate that they be deployed during disasters and emergencies for dangerous jobs like hazardous material cleanup. They’re also sent to fight fires. Unfortunately, prisoners who are injured on the job and decide to sue can face nearly insurmountable hurdles. These challenges include finding a lawyer willing to take the case.

IT’S ALL LEGAL

A loophole in the 13th Amendment to the U.S. Constitution passed after the Civil War makes forced labor legal, abolishing slavery except “as punishment for a crime.” Today, nearly 2 million people are locked up in the U.S. Our prison population is the largest in the world. Interestingly, more than 800,000 prisoners have some kind of job. Many serve food inside facilities. Others work outside for private companies, including work-release assignments. They’re also employed at state and municipal agencies, and at colleges and nonprofit organizations.

My opinion? The findings are gut-wrenching. They point to a complex web of labor where prisoners in the United States are exploited for their work. These individuals, often paid mere pennies or nothing at all, toil under conditions devoid of basic human rights protections, contributing to the profits of some of the largest food corporations in the world.

Prison is a terrible place. 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.

You Can’t Transport Marijuana On a Plane, Even Within States Where Pot is Legal

Bellingham Defense Attorney, Drug Offenses, Federal Crimes & Prosecutions, marijuana, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Illustration courtesy of Gene Kim

In Fejes v. FAA, No. 22-70129 (April 22, 2024), the 9th Circuit Court of Appeals held that people cannot transport marijuana by airplane even when travelling solely within states where cannabis is decriminalized.

FACTUAL BACKGROUND

Mr. Fejes transported marijuana—which is legal under Alaska law, but a controlled substance under federal law—by aircraft within Alaska. In some remote parts of Alaska, aircraft are the only mode of delivering goods, including marijuana. Fejes held a pilot certificate issued by the Federal Aviation Administration (FAA). At least three times, Fejes piloted an aircraft to transport and distribute marijuana to retail stores within the state.

After an investigation, the FAA revoked his pilot certificate under the authority that distributing marijuana via aircraft is a federal crime. Fejes appealed the order revoking his pilot’s certificate through numerous agency proceedings. In those proceedings, Fejes admitted that he piloted an aircraft to distribute marijuana within Alaska. However, he argued that his conduct fell outside of reach of federal laws revoking pilot’s licenses for controlled substance violations. Fejes now appealed his information to the 9th Circuit Court of Appeals.

COURT’S ANALYSIS & CONCLUSIONS

The 9th Circuit rejected Feyes’ argument that the FAA lacks jurisdiction to revoke his pilot certificate. It reasoned that under the Commerce Clause, airplanes are instrumentalities of interstate commerce. As such, airspace is a channel of commerce within congressional authority.

“We have held that cars are instrumentalities of interstate commerce. United States v. Oliver, 60 F.3d 547, 550 (9th Cir. 1995). Even if an airplane, like a car, is mainly used for intrastate activities, its operations could substantially impact interstate commerce. Thus, Fejes’s conduct falls within the second category as well.”  ~9th Circuit Court of Appeals

The 9th Circuit further reasoned that although many states have legalized recreational marijuana, it continues to be a controlled substance federally.

“The public may believe that a state’s legalization of marijuana broadly protects marijuana use. But state law legalizing marijuana distribution does not negate federal law criminalizing the same action . . . And marijuana is still illegal in many contexts under federal law, even in states that provide legal allowances.” ~9th Circuit Court of Appeals

With that, the 9th Circuit upheld the revocation of Mr. Feyes’s pilot’s license.

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.

Feds Moving to Re-Classify Marijuana

Bellingham Defense Attorney, Drug Offenses, Federal Crimes & Prosecutions, marijuana, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

DEA moving to reclassify marijuana – WKRN News 2

Excellent reporting by journalist Ellen Dennis in the The Spokesman Review discusses the U.S. government’s efforts to reclassifying marijuana as a less harmful drug.

The U.S. Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III drug. If finalized, this change in classification by the U.S. Department of Justice would federally recognize the medical use of cannabis. It would also ease banking regulations, thus making it far more manageable for pot shops to do business.

What Do the Drug Schedule Levels Mean?

Schedule I substances are defined by the federal Drug Enforcement Administration as drugs with no currently accepted medical use and a high potential for abuse. Right now, marijuana is a Schedule I Drug. It lists alongside heroin, peyote, lysergic acid diethylamide (LSD), and 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone.

Schedule II drugs are defined by the government as dangerous drugs with a high potential for abuse. Examples of Schedule II drugs include fentanyl, oxycodone (Oxycontin), methamphetamine, Adderall and Ritalin. Schedule III substances are defined as drugs with a moderate-to-low potential for physical and psychological dependence. Examples of Schedule III drugs include ketamine, anabolic steroids and testosterone.

What Would Rescheduling Do?

According to the article, rescheduling the drug would be a huge positive for people who work in the weed industry. It would open up federal funding, government loans and access to government emergency relief funds. Rescheduling would also help break down stigma surrounding cannabis.

That’s helped fuel fast growth in the marijuana industry, with an estimated worth of nearly $30 billion. Easing federal regulations could reduce the tax burden that can be 70% or more for businesses, according to industry groups. It could also make it easier to research marijuana, since it’s very difficult to conduct authorized clinical studies on Schedule I substances.

The Secure and Fair Enforcement Regulation Banking Act is a proposed federal law that would ensure that all businesses – including state-sanctioned weed stores – have access to deposit accounts, insurance and other financial services.

Currently, Pot Shops in Washington by law may only take payments in cash form, leaving them vulnerable to armed robberies. Some store owners across the state have done their best to keep the environments safe for workers, including installing panic buttons behind the counters and ramping up security systems, but the best way to bolster safety would be to allow cannabis sellers to accept debit and credit card payments, industry players say.

It is possible that rescheduling could allow the cannabis industry to claim business deductions on federal tax forms, since the Internal Revenue Service doesn’t allow that for any business that sells a Schedule I controlled substance.

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

Washington State’s High-Capacity Magazine Ban Will Remain In Effect For Now

Bellingham Defense Attorney, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Ban on high-capacity gun magazines very popular with Washingtonians, NPI poll finds - NPI's Cascadia Advocate

Visualization of NPI’s poll finding on Senate Bill 5078

Last week, a state Supreme Court commissioner ordered that Washington state’s high-capacity magazine ban will remain in effect. This decision comes while a legal challenge against the new law remains pending in the courts.

Washington’s law banning high-capacity magazines has been the subject of several legal actions in recent weeks.

PROCEDURAL HISTORY

The high-capacity magazine ban was first overturned by a Cowlitz County Judge Gary Bashor. Earlier this month, he ruled the state’s ban on high-capacity magazines unconstitutional in a lawsuit between Washington State and Gators Customs Guns, a firearms dealer in Kelso.

Judge Bashor’s ruling imposed an injunction on the law for a short time. This meant the ban was effectively overturned in the state of Washington. Immediately after Judge Bashor’s ruling, firearms retailers around the state resumed the sale of high-capacity magazines.

Within 90 minutes, Supreme Court Commissioner Michael E. Johnston granted the Washington State Attorney General’s Office a temporary stay on that injunction. This ruling effectively put the high-capacity magazine ban back into effect. So far, the decision kept the stay in place. It will remain so while the legal challenges against the high-capacity magazine ban are being decided.

Commissioner Johnston ruled that those in opposition of the law “failed to persuasively show” that the ban should be overturned while the ultimate legality of the law is decided. The commissioner also considered the potential harms that could come from lifting the stay and allowing the magazines to be sold in the meantime.

WASHINGTON’S BAN ON HIGH-CAPACITY MAGAZINES

Washington’s ban on high-capacity magazines first went into effect on July 1, 2022. The ban prohibits the sale of gun magazines with a capacity of more than 10 rounds, along with the manufacturing, distribution or import of high-capacity magazines in Washington state.

The bill does not criminalize the possession of high-capacity magazines but instead focuses on the suppliers. Violating the law could result in a gross misdemeanor.

In September of 2023, the Washington AG’s office filed a lawsuit against Gator’s Custom Guns for continuing to sell high-capacity magazines. In response, the gun store owner challenged the law in court.

Other lawsuits have been filed regarding this legislation. In December 2022, Ferguson also filed a lawsuit against a gun store in Federal Way for selling high-capacity magazines after the ban went into effect months before. As a result, the store was ordered to pay $3 million for the illegal sale.

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

Washington State Ranked Among Top 10 Most Dangerous

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , ,

Washington named eighth most dangerous state in 2024 study - Lynnwood Times

SOURCE: The Safest and Most Dangerous States in America 2024 – Simmrin Law Group

Apparently, crime rates in Washington State have been increasing. This comes despite the overall decrease in violent crime in the country.

THE SIMMRIN LAW GROUP STUDY

A new study by the Simmrin Law Group analyzed crime data from the FBI and NIFRS to rank the safest and most dangerous states in the country.  Apparently, between 2020 and 2022, the rate of violent crime in the U.S. decreased from 398.5 incidents per 100,000 people to 380.7 incidents per 100,000 people, while the rate of violent crime in Washington has increased from 293.7 incidents to 375.6 incidents, an 81.9 rate increase. The study examined the frequency of various types of offenses, including assault, homicide, kidnapping, sex offenses, burglary, destruction/vandalism, theft, and robbery.

HOW DANGEROUS IS WASHINGTON STATE?

Although Washington is known for its picturesque natural beauty and for being a booming tech hub, the rise in crime hasn’t gone unnoticed.

Washington ranked eighth, with the highest larceny and theft rate and kidnapping and abduction rate. According to the study, the state has a larceny/theft rate of 2133.6 per 100,000 residents. In 2022, there were 1,327 kidnapping/abduction incidents and 1,454 offenses reported in Washington.

“Washington state, known for its tech industry and natural beauty, surprisingly contrasts with its efforts to become a safer place. The state sadly has a larceny/theft rate of 2133.6 per 100,000, among the highest on this list, indicating the need for continued focus on crime prevention.”

“Its Kidnapping/Abduction Rate of 16.3 per 100,000 indicates another area in much need of targeted interventions. These statistics underscore the importance of community-based safety programs and proactive law enforcement measures, which Washington cannot ignore any longer if they want to keep their good reputation.” ~Simrin Law Group Study

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.

During COVID-19, Prison Inmates Died at 3.5 Times The Rate of the Free Population

Bellingham Defense Attorney, Coronavirus, Mount Vernon Criminal Defense Attorney, Prison, Sentencing, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,
COVID-19: Authorities must protect health of detainees, staff and ultimately surrounding communities

Photo courtesy of the International Committee of the Red Cross

According to the Marshall Project, during the COVID-19 Pandemic, people in prison died at 3.4 times the rate of the free population. The elderly were hit the hardest. A national study gives the details.

THE STUDY

Over 6,000 incarcerated people died in the first year of the pandemic, researchers found. This data numbers they collected from state prison systems and the Federal Bureau of Prisons. the overall prison mortality rate spiked at least 50%, and potentially exceeded 75%, with roughly 50 or more people dying per 10,000 in prison in 2020.

The virus hit older generations especially hard, the study’s data shows. Not all states shared counts by age. But in the eight states that did, death rates for people aged 50 and older rose far higher than for others. The data reaffirms how much more vulnerable older prisoners are to the virus.

At the same time, incarceration rates dropped during the first year of the pandemic, but not because an extraordinary number of people were released. Despite a range of advocates calling for releases — particularly for older adults, who have higher health risks and statistically lower chances of committing a crime — data shows fewer people than in a typical year were let out in 2020. Instead, there was a dramatic reduction in prison admissions.

The slowdown in admissions meant that prison systems reduced the number of younger people exposed to COVID, while the older people already inside were left there. That’s because incarcerated people are generally older than those likely to be sent to prison.

By the end of 2020, Bureau of Justice Statistics data shows the number of people in state prisons under 55 fell by 17%, while the 55 and older population was down by 6%.

Prison deaths spiked almost everywhere across the country, varying in magnitude from state to state.

WERE THE WIDESPREAD DEATHS IN PRISONS PREVENTABLE?

According to the Machall Project, states and the federal government have legal tools to release at least some people, but rarely used them during the most urgent phase of the pandemic. In most states, only the governor and parole board can release people from prison without a court order.

Most state constitutions allow for governors to issue a pause in a criminal sentence known as a reprieve. Historically, governors use this power even less often than commutations, which lets them shorten sentences and free people without post-release supervision or expectation that they return. No state governors used either power for large-scale releases during the COVID-19 emergency, and only a small number performed any at all.

In a minority of states, corrections officials have some limited authority to release prisoners — usually due to terminal illness, or total physical or cognitive disability — or to seek certain kinds of inpatient medical care, according to data collected by the sentencing reform advocacy group Families Against Mandatory Minimums. These policies are not designed to release people based on risk of future illness, however.

“With more than half a million infections behind bars and over 3,000 deaths, America’s response to COVID-19 in prisons and jails was a failure. Federal, state, and local governments ignored public health guidance, refused to implement even the most basic mitigation strategies, and failed to reduce their incarcerated populations to the level necessary to avoid these catastrophes.” ~Prison Policy Initiative

Prison is a terrible place. 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.

U.S. Supreme Court Tackles Homelessness

Bellingham Defense Attorney, Poverty Defense, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Supreme Court will hear Grants Pass homeless camping case • Washington State Standard

Today, the U.S. Supreme Court will decide an important case in decades concerning the rights of people experiencing homelessness.

In Grants Pass v. Johnson, the Court addresses whether it constitutes cruel and unusual punishment to fine, ticket, or jail someone for sleeping outside on public property if they have nowhere else to go. A ruling in favor of the plaintiffs would make it easier for communities to clear out homeless people’s tent encampments, even if no available housing or shelter exists. The court is expected to decide the case by the end of June.

GRANTS PASS V. JOHNSON

The case comes from the rural Oregon town of Grants Pass, which started fining people $295 for sleeping outside to manage homeless encampments that sprung up in the city’s public parks as the cost of housing escalated.

The measure was largely struck down by the San Francisco-based 9th Circuit Court of Appeals. The 9th Circuit also found in 2018 that such bans violated the Eighth Amendment by punishing people for something they don’t have control over. The 9th Circuit oversees nine Western states, including California, which is home to about one-third of the nation’s homeless population.

FEDERAL DATA ON THE HOMELESS

The case comes after homelessness in the United States grew a dramatic 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more Americans, according to federal data.

Over 650,000 people in America experience homelessness on any given night. Roughly 40 percent of those individuals are sleeping outside on the streets, in cars, parks, train stations, and other settings not designed primarily for human residence. Federal data published in late 2023 shows a rise in homelessness in most states.

THE CONSEQUENCES OF CRIMINALIZING HOMELESSNESS

  • The more interactions a homeless person has with the police, the more likely they are to be criminalized.
  • Concerns about criminalizing homeless people with mental and behavioral health needs came up in several amici briefs filed to the Supreme Court. More than one-fifth of people experiencing homelessness currently have a serious mental illness like bipolar disorder or schizophrenia.
  • The American Psychiatric Association noted that police are also more likely to use excessive force when they interact with unhoused people with mental illness.
  • Fining, ticketing, or arresting unhoused people — which local governments will be more easily able to do if Grants Pass is overturned — will make it harder for homeless people, who already cannot afford shelter, to obtain permanent housing later on.
  • Having a criminal record can make it more difficult to land a job, stable housing, and receive government benefits. Even among those who do find jobs, employees with records generally face significant earning penalties.
  • Owing fines can exacerbate an unhoused person’s already precarious financial situation and prolong their homelessness. One study of people experiencing homelessness in Seattle found those with outstanding legal debt spent roughly two more years without stable housing than those without such debt.

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.