Tag Archives: Skagit County Criminal Defense

Whatcom Sheriff’s Office & Jail Flooded by Inmate

Bellingham Defense Attorney, Jail, Mount Vernon Criminal Defense Attorney, police, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Fire sprinkler system - Wikipedia

. . . just another reason for a new jail.

Last Sunday, the Whatcom County Sheriff’s Offices and Jail was flooded by a sprinkler head that was tampered with by an inmate. The flooding caused over $5,000 in estimated damages, the Sheriff’s Office reported.

Corrections deputies quickly learned that the heavy water flow was from a sprinkler head that had been tampered with by an inmate. The amount of water quickly overwhelmed the drains and flooded the entire first floor of the jail. Corrections Deputies, Sergeants and inmate workers pulled together to mitigate the water flow and guide it to drainage.

The water began seeping into the Sheriff’s Office administrative space, which is located below the jail. Large volumes of water penetrated portions of the Sheriff’s Office ceiling, causing significant damage to interview rooms, offices and electronic equipment.

Corrections staff contacted Whatcom County Facilities Department, which maintains the jail facility. The Bellingham Fire Department was also contacted and was able to turn off the main water line approximately 15-20 minutes later.

Flooding from the jail is an ongoing concern. Over the years, broken pipes (including sewage pipes) and inmate vandalism have led to numerous flooding incidents.

Estimated damages from this flooding are currently over $5,000.00 and growing. Probable cause exists to charge the inmate with Malicious Mischief First Degree.

“The water began seeping into the Sheriff’s Office administrative space, which is located below the jail. Large volumes of water penetrated portions of the Sheriff’s Office ceiling, causing significant damage to interview rooms, offices and electronic equipment.” ~Whatcom County Sheriff’s Office

Whatcom County Officials are preparing to place another jail tax on the November ballot for the third time in eight years. That measure would build a new and larger facility and include provisions for mental health and substance abuse treatment, along with programs to keep individuals out of jail.

My opinion? It’s time Whatcom County voted “Yes” to a new jail. It benefits all parties,  including inmates, the public and police. Clearly, the safety of Whatcom County’s police officers is at risk when hijinks like this take place.

Alcohol-Related Deaths Increased Amid a Spike in Pandemic Drinking

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U.S. Alcohol Consumption Soars During COVID-19 Pandemic | Time

Excellent Washington Post article by and reported on federal data showing U.S. consumption of alcohol accelerated during the COVID-19 Pandemic as Americans grappled with stress and isolation.

Mississippi saw a 159 percent increase in alcohol-related deaths, the nation’s biggest leap, along with a 10 percent rise in apparent consumption. In Delaware, consumption increased the most, by 25 percent, while alcohol-related deaths rose 73 percent.

George F. Koob, director of the National Institute on Alcohol Abuse and Alcoholism (NIAAA), said the traumas of the pandemic brought the increase. The fear of covid-19 infection, job losses, social isolation added to everyday stresses that were already spurring people to drink.

Experts point to a variety of factors for the increase, among them stagnant alcohol taxes that make drinking cheap relative to inflation, increased marketing to women and social despairs that have led to crises of mental health and addiction in the United States.

The NIAAA Report.

According to NIAAA data, apparent consumption of alcohol, measured as gallons of ethanol sold per capita, increased by 6.6 percent between 2018 and 2021 across the United States.  Overall consumption reached an average of about 2.8 gallons per person annually — roughly 597 drinks per year — for Americans over 21.

That’s the highest consumption level since 1988.

The drinking patterns reported by the NIAAA varied significantly by state. In nine states — including Florida, Tennessee and New Jersey — alcohol consumption increased by at least 10 percent.

The NIAAA data suggests that increased alcohol consumption may be more pronounced than previously believed. The 2021 National Survey on Drug Use and Health indicated that nearly 9 in 10 U.S. adults of drinking age reported drinking the same or less than they did before the pandemic. Researchers say this type of survey data can mask risky behavior or changes in drinking habits because respondents often underreport their alcohol use.

Alcohol-related Deaths Increased in Every State.

As alcohol use was surging, so were alcohol-related deaths. Between 2018 and 2021, deaths caused by alcohol increased in every state, according to CDC mortality data. Some states that had some of the biggest increases in consumption also had some of the largest spikes in alcohol-related death rates. In Mississippi, the rate of deaths caused by alcohol more than doubled in a four-year span, rising from 7 deaths per 100,000 residents to about 18 deaths per 100,000 in 2021.

“The costs of alcohol abuse and dependence are phenomenal,” said Jefferson Parker, a professor of psychiatry who co-directs a new addiction treatment program at the University of Mississippi Medical Center, which last fall received a $6 million federal grant to help treat alcohol use disorder, along with opioid addiction.

New Mexico had more than 51 deaths per 100,000 residents, the highest rate of alcohol-related deaths in the country, and an increase of almost 50 percent from its rate in 2018. Death rates related to alcohol also nearly doubled in Montana, South Dakota and Delaware during that time.

Who Was Drinking?

Younger drinkers saw the biggest increase in the rate of alcohol-related deaths, which spiked by nearly 80 percent among 25-to-44-year-olds, a Washington Post analysis of CDC data found. For every 100,000 people within that age range, 12 people died of alcohol-related issues in 2021, the analysis found.

Older age groups didn’t see rises that dramatic but already had high rates. People between the ages of 55 and 64 had the highest rate of alcohol-related deaths, at 42 per 100,000. Those findings add to similarly grim statistics. A CDC study published last fall estimated that between 2015 and 2019, excessive alcohol use was to blame for 1 in 8 deaths of Americans between the ages of 20 and 64.

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.

Cathinone: The Newest Drug to Hit Streets & Nightclubs

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What you need to know about synthetic drugs | CNN

The Drug Enforcement Administration is issuing a warning about Cathinone, the latest drug that has made its way to Northeast Florida streets. Cathinone is a natural stimulant that comes from a plant. However, this Cathinone is synthetic, meaning it’s a concoction of dangerous chemicals.

WHAT ARE SYNTHETIC CATHINONES?

Synthetic cathinones have stimulant properties related to cathinone, the psychoactive substance found in the khat shrub. It produces effects similar to methamphetamine, cocaine, and MDMA, to name a few. They have been sold as “bath salts.” Often, they’re sold over the Internet, at convenience stores, tobacco/smoke shops, and gas stations and packaged in shiny plastic bags and bright logos.

More recently, the cathinone market has been pushed underground. It’s being sold in “traditional drug packaging” like little baggies, and can be found in tablet, capsule, or powder form. Users can experience symptoms of nausea, vomiting, paranoia, hallucinations, delusions, suicidal thoughts, seizures, chest pains, increased blood pressure and heart rate, and violent outbursts. These drugs have also resulted in overdose deaths.

The drug was first found in Sweden in 2014, then seven years later, it showed in a United States toxicology report. Very little is known about the drug.

CATHINONE NOW APPEARING IN FLORIDA NIGHTCLUBS.

As of 12 months ago, the dangerous drug started showing up in the Jacksonville metropolitan area.

Jacksonville DEA Assistant Special Agent in Charge Mike Dubet said law enforcement officers are finding that the younger generation possesses the new drug in area nightclubs and bars.

“It’s very cheap, about $150 to $200 per ounce. It’s an alternative that people are turning to just because of the price and the effects they are getting from it.” ~DEA Assistant Special Agent in Charge Mike Dubet

Because N,N-Dimethylpentylone Hydrochloride creates similar effects as other drugs, law enforcement said it also has the potential to deliver the same negative side effects which include high blood pressure, rapid heart rate, hyperthermia, hallucinations, dehydration, loss of consciousness and death.

“State, local, and federal government is aware of it and we’re all trying to go after the people that are responsible for distributing it on our streets,” Dubet said.

Dubet also pointed out another problem with the drug. He said since it’s being sold as cocaine, an unsuspecting buyer who thinks they’re getting cocaine may resort to gun violence when they realize they were sold something else.

“The customer can feel they’re being ripped off which could lead to some of the retaliatory violence.” ~DEA Assistant Special Agent in Charge Mike Dubet

Seventy pounds of the drug was seized by U.S. Customs and Border Protection agents at Washington Dulles International Airport. Agents said two boxes of the drug were sent from China and were listed on the manifest as beauty products. It’s unclear if the people in China who shipped the drugs to DC are the same people responsible for supplying the same drugs to Northeast Florida.

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.

Washington’s 2022 Crime Report: Homicides Are Up, Police Staffing is Down

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The Washington Association of Sheriffs and Police Chiefs‘ (WASPC) reported that Homicides and other violent crimes increased in Washington state at a dramatic pace last year.

“The rate of murders, violent, and property crimes rose across the state, while the number of officers available to respond and serve our communities decreased again in 2022. There were 394 murders in 2022, an increase of 16.6% over 2021. This is the highest number of murders recorded since WASPC began collecting this data in 1980. Homicides have increased by 96% since 2019. Crimes against persons, property, and society all increased in 2022, and violent crimes showed an increase of 8.9%.” ~WASPC 2022 Crime Report

The report analyzed 2022’s crime data across the state. It was compiled with data from 231 state, county, municipal, and tribal agencies within Washington.

WHAT DOES THE OTHER DATA REVEAL?

Other significant trends the report disclosed were motor vehicle theft rising by 34%. Also, nearly 46% of all crimes against persons were defined as domestic violence. Moreover, 544 hate crimes were reported last year. Finally, the state logged 719 fewer arrests for drug or narcotic violations.

This data follows a pattern the state saw last year with increases in violent crime. According to WASPC’s report, violent crime increased by 12.3% from 2020 to 2021. There were 325 murders recorded in 2021, an increase of 5.9% over 2020. The year 2021 had the highest number of murders recorded before 2022 broke its record.

ENROLLMENT FOR LAW ENFORCEMENT OFFICERS DECREASED.

“The total number of commissioned officers statewide was 10,666, down from 10,736 in 2021, while the total population of the state increased by 93,262,” the report continued. “Washington again is ranked 51st out of the 50 states and District of Columbia for the number of officers per thousand residents. Reported cases of officers assaulted were 2,375 in 2022, an increase of 20.7%.”

The report said the reduced law enforcement staffing means less ability to provide justice for victims, fewer people to de-escalate, less behavioral health assistance and many agencies “treading water.”

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.

Politicians Want Crackdowns on Drug Dealers

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Politicians want cop crackdowns on drug dealers. Experts say tough tactics cost lives | WAMU

Excellent article by NPR journalist Brian Mann discusses a growing coalition of U.S. politicians wanting tougher police tactics used against gangs now selling fentanyl, methamphetamines and xylazine. The pro-active arrests of drug dealers have been a cornerstone of America’s War on Drugs since the 1970s.

However, new research published in the American Journal of Public Health suggests drug busts and police crackdowns on dealers may actually be making the overdose crisis worse.

THE STUDY: BUSTING DRUG DEALERS PUTS LIVES AT RISK WITHOUT CLEANING UP NEIGHBORHOODS

The study, which underwent a rigorous peer-review process because of its controversial findings, is based on data gathered in Indianapolis, Indiana that found patterns of overdose and death that followed drug seizures in the city.

People with addiction wind up buying fentanyl, methamphetamines and other high-risk street drugs from strangers selling drugs of different potency — often with different, more dangerous ingredients.

When people experiencing severe addiction are forced to go without drugs — even for a short period of time — it can alter their level of tolerance. Begin using again and they may be more vulnerable to overdose and death.

POLITICIANS CALL FOR TOUGH ACTIONS.

Fear of fentanyl is adding to political pressure to get even tougher on drug dealers. The supply of street drugs is now cheaper, more readily available, and more toxic than ever before. Roughly 110,000 people in the U.S. died of fatal overdoses last year alone, a devastating new record.

Senator Cortez Masto describes her Xylazine Measure – which has broad bipartisan support – as a necessary legal tool to toughen penalties and “crack down on traffickers.”

“I can just tell you what I’m seeing and hearing from my law enforcement,” Sen. Cortz Masto told NPR. Xylazine is “becoming an emergent threat, one we need to get a handle on now and not wait to lose more lives.” ~Senator Cortez Masto

SHOULD POLICE GET INVOLVED?

Beau Kilmer, who heads the Rand Drug Policy Research Center, agrees police should play a major role cleaning up neighborhoods where drug-dealing is rampant.

“If you can just reduce the number of dealers on the street and allow residents get their neighborhood back that could be a real benefit.” ~Beau Kilmer

Some experts on police drug enforcement tactics believe law enforcement must do much more to protect public health before drug seizures occur. That would mean more advanced planning and coordination with harm reduction groups and others focused on helping people with addiction.

“We don’t have a choice is the way I look at it,” said Brittney Garrett, the former cop who works now with a pro-reform group called the Police Assisted Addiction and Recovery Initiative.

“By not having law enforcement, public health, behavioral health, harm reduction all working together, we’re going to end up with more people being harmed.”

WASHINGTON STATE’S EVER-EVOLVING STANCE ON DRUG POSSESSION.

Senate Bill 5536 was just passed on July 1, 2023. The bill criminalizes using drugs in public. It also sets the penalty for possession of controlled substances as a gross misdemeanor with a maximum confinement time of six months for the first two convictions. Any fine for any conviction is capped at a maximum of $1,000.

The bill creates a system for a pre-trial diversion program to get people into treatment. The bill requires mandatory early conviction vacation if the person in question can complete treatment or has “substantially complied” with a recovery program or similar services for six months.

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.

U.S. Supreme Court Addresses “True Threats”

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Supreme Court: Your Facebook Threats Aren't Necessarily Real Threats

In Counterman v. Colorado, No. 22-138 (June 27, 2023)., the U.S. Supreme Court held that Facebook threats aren’t necessarily real threats. In order to constitute a “true threat,” the prosecution must prove that the defendant had some subjective understanding of the threatening nature of his or her statements.

FACTUAL BACKGROUND

From 2014 to 2016, the defendant Mr. Counterman sent hundreds of Facebook messages to C. W., a local singer and musician. The two had never met, and C. W. did not respond. In fact, she tried repeatedly to block him, but each time, Counterman created a new Facebook account and resumed contacting C. W. Several of his messages envisaged violent harm befalling her.

Counterman’s messages put C. W. in fear and upended her daily existence. C. W. stopped walking alone, declined social engagements, and canceled some of her performances. C. W. eventually contacted the authorities.

The State charged Mr. Counterman under Colorado’s Stalking Statutue. This crime makes it unlawful to repeatedly make any form of communication with another person” in “a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person to suffer serious emotional distress.”

Mr. Counterman moved to dismiss the charge on First Amendment grounds, arguing that his messages were not “true threats” and therefore could not form the basis of a criminal prosecution. Following Colorado law, the trial court rejected that argument under an objective standard, finding that a reasonable person would consider the messages threatening.

Counterman appealed, arguing that the First Amendment required the State to show not only that his statements were objectively threatening, but also that he was aware of their threatening character. The Colorado Court of Appeals disagreed and affirmed his conviction. The Colorado Supreme Court denied review. Instead, the U.S. Supreme Court stepped in to handle the appeal.

COURT’S ANALYSIS & CONCLUSIONS

Justice Kagan delived the opinion of the majority court. Preliminarily, she began by saying the First Amendment permits restrictions upon the content of speech in a few limited areas. Among these historic and traditional categories of unprotected expression is true threats.

“True threats are serious expressions conveying that a speaker means to commit an act of unlawful violence,” said Justice Kagan. “The existence of a threat depends not on the mental state of the author, but on what the statement conveys to the person on the receiving end.”

Justice Kagan elaborated that the State is required to show the defendant had the mental state to make a true threat. She explained that with regard to defamation, a public figure cannot recover for the injury that someone’sstatement causes unless the speaker acted with knowledge that it was false or with reckless disregard of whether it was false or not. The same idea arises in the law respecting obscenity and incitement to unlawful conduct.

“And that same reasoning counsels in favor of requiring a subjective element in a true-threats case. A speaker’s fear of mistaking whether a statement is a threat, fear of the legal system getting that judgment wrong, and fear of incurring legal costs all may lead a speaker to swallow words that are in fact not true threats. Insistence on a subjective element in unprotected-speech cases, no doubt, has a cost: Even as it lessens chill of protected speech, it makes prosecution of otherwise proscribable, and often dangerous, communications harder. But a subjective standard is still required for true threats, lest prosecutions chill too much protected, non-threatening expression.” ~Justice Kagain, U.S. Supreme Court.

Justice Kagan held that a Reckless Standard is the correct approach in determining the proper mens rea for these cases. A recklessness standard shows that a person “consciously disregarded a substantial and unjustifiable risk that his conduct will cause harm to another.”

“Requiring purpose or knowledge would make it harder for States to counter true threats—with diminished returns for protected expression. Using a recklessness standard also fits with this Court’s defamation decisions, which adopted a recklessness rule more than a half-century ago.” ~Justice Kagain, U.S. Supreme Court.

Justice Kagan concluded by saying the State of Colorado wrongfully prosecuted Counterman in accordance with an objective standard and not a “reckless standard.” This was a violation of the First Amendment. With that, the U.S. Supreme Court reversed Mr. Counterman’s Stalking conviction.

My opinion? Justice Kagan’s “Recklessness Approach” to stalking cases is certainly creative. And it seems to be upheld by caselaw.  I agree with her reasoning that recklessness strikes the right balance. It offers enough breathing space for protected speech without sacrificing too many of the benefits of enforcing laws against true threats.

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

Speed Cameras In Demand As Fatal Crashes Rise in WA State

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Here's the really annoying thing about speed cameras: They work | CBC News

Informative article in the Olympian by journalist Martin Bilbao describes Governor Inslee’s efforts to acquire more traffic cameras in WA as traffic fatalities rose. The data showed a concerning lack of progress for Target Zero, a state safety plan that aims to eliminate fatal and serious injury collisions by 2030.

Traffic fatalities in Washington state increased about 39% from 538 in 2019 to 750 in 2022, according to data presented by Shelly Baldwin, director of the Washington Traffic Safety Commission. However, she cautioned that 2022 data was preliminary.

“We have not seen such a rapid increase since back in the ‘70s . . . We want to keep in mind that these are not just numbers. These are families and friends and co-workers whose lives have been lost and left the people around them grieving.” ~Shelly Baldwin, director of the Washington Traffic Safety Commission

The data show eight counties account for about 60% of all fatalities. The top three are in the state’s population center — King, Pierce and Snohomish counties. Thurston County ranks seventh in fatalities, but is sixth in population. The state’s traffic fatality rate per 100 vehicle miles traveled reached 1.16 in 2021 compared to 1.37 at the national level, Baldwin shared. She said impaired driving, followed by speeding and distracted driving, were key risk factors in traffic fatalities.

Earlier this year, the state authorized the use of speed cameras in highway work zones with the passage of Senate Bill 5272. However, Inslee’s proposal would go further:

“The fact, we’re not doing that, frankly, is a little frustrating right now . . . I’m glad we’ve taken the first step in construction zones, but we can’t allow this carnage to continue when we have a technology that works.” ~Governor Jay Inslee

Inslee said he would direct the Washington Traffic Safety Commission to work with his staff to develop a plan for increasing the use of speed cameras. Additionally, Inslee said he supports recruiting more law enforcement personnel to enforce traffic laws.

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

New “Blake Fix” Drug Possession Law Takes Effect July 1, 2023

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Gov. Jay Inslee signs drug possession law 'fix' | The Reflector

SB 5536, the so-called “Blake Fix,” passed the Washington State Legislature (Legislature) and was signed by Governor Jay Inslee. Its provisions involve the use and possession of drugs. Passage of the bill was welcome news for many Washington cities and counties that were rushing to pass their own ordinances.

The bill makes it a gross misdemeanor to:

  1. Knowingly possess counterfeit substances and controlled substances (hereafter “prohibited substances”); or
  2. Knowingly use prohibited substances in a public place.

This bill covers possession and use of counterfeit or controlled substances, or “hard” drugs such as fentanyl and other opioids, methamphetamine, heroin, and cocaine. Also prohibited is the knowing possession of non-prescribed legend drugs, as well as their knowing use in a public place, both classified as misdemeanors. The bill also creates a pre-trial diversion program and almost completely preempts local regulation of drug paraphernalia.

BACKGROUND

In February 2021, the Washington State Supreme Court in State v. Blake. The Blake case was immediately mired in controversy.  It declared unconstitutional Washington’s strict liability drug possession law, which criminalized the unintentional, unknowing possession of a controlled substance.

In July 2021 – and in response to the fallout from Blake– the Legislature adopted temporary  legislation making it a misdemeanor to knowingly possess prohibited substances. This temporary legislation required that law enforcement refer the individual to assessment and treatment for their first two arrests for simple possession. Upon the third arrest, the individual could be prosecuted. However, this proved nearly impossible for law enforcement to implement, given that there was no state-wide tracking system for referrals.

Fast forward to the 2022-2023 regular legislative session, which ended without passage of a new drug possession and use law. This challenge placed cities and counties in the unfortunate situation of adopting their own patchwork of possession and use laws. However, in a special session on May 16, 2023, the Legislature adopted permanent drug-related legislation in SB 5536.

DRUG POSSESSION & USE ARE GROSS MISDEMEANORS

Both knowing possession of prohibited substances and knowing use of a prohibited substance in a public place are gross misdemeanors. Gross misdemeanors typically have a maximum imprisonment time of not more than 364 days, plus a fine of not more than $5,000.

Knowing possession and knowing use of a legend drug without a prescription remains a misdemeanor. Misdemeanors have a maximum imprisonment time of not more than 90 days, plus a fine of not more than $1,000. An individual cannot be charged with both possession and use relating to the same course of conduct.

Notably, referral or diversion is no longer required. Nevertheless, law enforcement and prosecutors are encouraged to refer or divert such cases for assessment, treatment, or related services. Rather, both possession and use of controlled and counterfeit substances are punishable by imprisonment of up to 180 days or by a fine of not more than $1,000, or both. If the defendant has two or more prior convictions of possession or use, then imprisonment can be increased to up to 364 days (or the $1,000 fine, or both).

REGULATING DRUG PARAPHERNALIA

The bill regulates drug paraphernalia as follows:

  • Selling or permitting drug paraphernalia to be sold is a class 1 civil infraction.
  • Giving or permitting drug paraphernalia to be given — previously a class 1 civil infraction — is no longer prohibited.
  • Using drug paraphernalia continues to be a misdemeanor. See RCW 69.50.412(1).
  • Littering or dumping drug paraphernalia continues to be either a civil infraction, a misdemeanor, or a gross misdemeanor, depending on the quantity. See RCW 70A.200.060.

Notably, the definition of drug paraphernalia does not include cannabis-related paraphernalia or drug testing and analyzing equipment. Also, prohibitions on drug paraphernalia do not apply to distribution or use of public health supplies through pharmacies, public health programs, or other authorized community programs.

LOCAL GOVERNMENT ORDINANCES

Many Washington cities and counties have passed ordinances regulating drug possession and use in the absence of permanent state legislation. Those ordinances no longer have any real effect because the state fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act, and local ordinances must be consistent with chapter 69.50 RCW — see RCW 69.50.608. As described in the previous blog section, the state also preempts the field of drug paraphernalia regulation.

However, despite this state preemption, cities must adopt or incorporate state statutes into their municipal code in order to prosecute misdemeanor or gross misdemeanor cases in city municipal court — See City of Auburn v. Gauntt, 174 Wn.2d 321, 274 P.3d 1033 (2012), which held that cities with a municipal court created under chapter 3.50 RCW must prosecute misdemeanors and gross misdemeanors based on city code provisions or RCWs that have been incorporated into the code by reference.

DIVERSION PROGRAMS

The bill creates a pretrial diversion program for individuals charged with simple possession, where the defendant agrees to meaningfully engage in a treatment program in exchange for the state dismissing the charge. The judge must advise the defendant of a program’s availability at arraignment and the prosecuting attorney must consent to the defendant’s participation. Section 9 of the bill outlines all the details, and the Association of Washington Cities (AWC) article, Blake fix bill passes Legislature during one-day special session, provides additional information about the practicality of pre-trial diversion programs.

TREATMENT FACILITIES

Opioid use disorder treatment facilities (with the exception of safe injection sites) are now considered essential public facilities (EPFs). As such, cities and counties can only regulate opioid use disorder treatment facilities in the same manner in which they regulate other EPFs and health care settings. Maximum capacity cannot be imposed on these facilities. See Section 12 of the bill.

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.

WA Courts Reimburse Defendants For Fines & Costs Associated With Drug Convictions

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Washington Spends $100 Million To Vacate 350,000 Marijuana/Drug Convictions And Reimburse People Criminalized By Unconstitutional Law - Marijuana Moment

In a press release, WA Courts will reimburse defendants for fines or costs paid in connection with drug possession convictions that were found unconstitutional by the Washington Supreme Court.

If you made payments towards legal financial obligations (LFOs) owed in cases vacated as a result of the State v. Blake decision, you may be eligible for a refund. Refunds of LFOs previously paid are ordered when the only conviction(s) in the case are for drug possession. If there are other charges in the case, refunds will be processed on any paid fines or fees specifically related to the possession of controlled substance charge.

Development of the Blake Refund Bureau, which will operate through an online portal, is led by the Administrative Office of the Courts (AOC) in collaboration with local courts and county clerks, public defenders, prosecutors, impacted individuals, advocacy groups and other stakeholders.

“The intent is to have a process that is easy to navigate and will provide for a timely response for individuals to receive their refunds . . . The public will be able to search for their cases by their name or case number.” ~AOC Blake Implementation Manager Sharon Swanson.

In the landmark State vs Blake decision issued on February 25, 2021, the Washington Supreme Court ruled that the state’s drug possession law was unconstitutional and void because it did not require individuals to have knowledge of the drug possession. As a result, those convicted of drug possession on or before February 25, 2021 became eligible to have their convictions vacated and removed from their criminal record, and their paid court-ordered fines and costs — called legal financial obligations (LFOs) — reimbursed.

It is estimated that over 200,000 felony drug possession charges dating back to the 1970s may be eligible to be vacated in superior courts. An estimated additional 150,000 misdemeanor marijuana charges may also be eligible for vacation. To help offset costs to courts, prosecutors, and defense attorneys, the Washington State legislature approved $47 million for the efforts of vacating hundreds of thousands of possession charges, and adjusting sentences for thousands of incarcerated or supervised persons.

An additional $50 million dollars was set aside to reimburse individuals who paid LFOs as a result of the Blake related convictions. AOC was appointed to lead the work, including establishing a Blake Refund Bureau to administer LFO refunds to impacted individuals.

The Blake Refund Bureau portal will be accessible to the public via a link on www.courts.wa.gov. The refund bureau will provide individuals who have had their Blake convictions vacated a self-navigable database to determine if they have refunds related to their convictions. Refund requests will be submitted through an online application. Once the application has been received and an amount of refund is confirmed by the court, a refund will be issued.

While the portal exclusively operates in the processing of LFO refunds, the site will include resources to guide individuals in clearing their convictions and seeking legal help.

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.

Drivers Can’t Consent to Police Searching a Passenger’s Belongings

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Should Cops Be Allowed to Rip Up Your Stuff While Looking for Drugs? | The New Republic

In State v. Garner, No. 56861-6-II (2023), the WA Court of Appeals held that a driver’s consent to search their car does not extend to searching the contents of closed containers inside the car that do not belong to the driver.

BACKGROUND FACTS

A police officer arrested Mr. Garner on an outstanding warrant after stopping a car and encountering Garner as a passenger. Garner tried to flee on foot but the officer apprehended him. After placing Garner under arrest, the officer spoke with the car’s driver, who said Garner left three backpacks behind in her car. The officer asked the driver for permission to search the car and she granted it.

The officer then searched Garner’s backpacks without requesting his permission and found controlled substances. Later testing established that the controlled substances found in the backpacks were 86.9 grams of methamphetamine and 3.8 grams of heroin.

The State charged Garner with two counts of possession of a controlled substance with intent to deliver. Before trial, Garner moved to suppress evidence obtained from the warrantless search of his backpacks. The trial court denied Garner’s suppression motion. After a bench trial, the trial court found Garner guilty of both counts of possession with intent to deliver.

On appeal, Mr. Garner argued that the trial court improperly denied his suppression motion.

COURT’S ANALYSIS & CONCLUSIONS

In short, the WA Court of Appeals held that the trial court should have granted Garner’s suppression motion. It reasoned that a person’s bag or closed container heightened protection under the federal and state constitutions. It emphasized that the Washington Supreme Court has also recognized an expectation of privacy in purses, briefcases, and other traditional containers of personal belongings.

Here, the defendant passenger had a legitimate expectation of privacy in the backpacks he left inside the car when he fled from the police during a traffic stop.  He did not abandon the backpacks or relinquish his privacy interest in them because he was in the vehicle with permission, and took steps to conceal the backpacks from the officer before fleeing.

The Court of Appeals also reasoned that that the driver’s consent to search her car did not extend to Garner’s backpacks.

“Garner had a reasonable expectation of privacy in his backpacks. And while Washington case law does not squarely address whether a passenger has a reasonable expectation of privacy in items left in another’s car, our cases point to the conclusion that Garner did not relinquish his expectation of privacy when he left his backpacks in the driver’s car. Unlike the defendant in Samalia, Garner did not leave his backpacks in a stolen car. He left them in a car he had occupied with the driver’s permission.”

“And unlike the defendant in Reynolds, he did not remove the backpacks from the car and leave them on the road. Rather, Garner, who lacked housing, left his belongings with a person he knew. Moreover, Garner never disclaimed ownership of the backpacks. He took the time to put two of the backpacks on the vehicle’s rear floorboard and tried stowing the third backpack under the driver’s seat. The circumstances lend themselves to the conclusion that he intended to safeguard the backpacks until he could recover them.” ~WA Court of Appeals.

With that, the Court of Appeals reversed Garner’s convictions because the trial court should have granted his motion to suppress.

Please contact my office if you, a friend or family member are charged with a crime. This is especially true if Search and Seizure issues are involved. Hiring an effective and competent defense attorney is the first and best step toward justice.


Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

117 North 1st Street
Suite #27
Mount Vernon, WA 98273

Phone: (360) 746-2642
Fax: (360) 746-2949

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