Individuals are protected from unreasonable seizures by both the U.S. and Washington Constitutions. Warrantless seizures are unreasonable unless an exception applies, and it is the state that must establish that an exception exists. A traffic stop is considered a seizure. For a warrantless traffic stop to be constitutional, there must be…
Domestic violence violation of a protection order is generally a gross misdemeanor under Washington law, but it can be a class C felony if a violation of the order is also an assault or if the defendant has at least two prior convictions for violating a protection order. RCW 26.50.110. …
Drug possession cases hinge on evidence of the drugs themselves. Under the exclusionary rule, if drug evidence resulted from an unlawful search or seizure, it must be excluded. It is therefore common in drug cases for the defendant to move for the evidence to be suppressed on the ground it…
In cases involving driving under the influence, the state often relies on test results to show that the defendant was intoxicated. However, the prosecutor may also point to the defendant’s behavior as evidence of intoxication. A Washington appeals court recently considered whether a prosecutor committed misconduct when she referenced negative…
Often, a person charged with driving while under the influence will face additional, related charges. Attempting to elude police is one such charge. Sometimes, a person may feel they are justified in not stopping for the police officer, but a necessity defense is very difficult to prove in this type…
Under Washington law, police must advise individuals of the right to independent testing when a breath test is administered pursuant to the implied consent statute. Under a previous version of the statute, this information was also required for blood tests. A Washington appeals court has recently addressed whether police must…
Criminal cases often hinge on whether evidence is admissible. Evidence obtained through an unlawful search is generally inadmissible. Vehicles can be especially vulnerable to questionable searches. A recent case considered whether drug evidence seized in an inventory search of an impounded motorcycle should have been suppressed. A trooper stopped the defendant…
The prosecution is generally required to prove some level of intent, or mens rea, to succeed in obtaining a guilty verdict in a criminal case. Some offenses, however, are strict liability offenses, meaning the prosecution does not have to prove intent. A Washington appeals court recently considered whether the vehicular…
Implied consent is an important aspect of DUI defense. The Washington implied consent statute, RCW 46.20.308, requires officers to inform a driver suspected of DUI of certain consequences of refusing or submitting to a breath test. When recreational marijuana use was decriminalized in Washington, the legislature set a legal limit…
In Washington criminal cases, the prosecution must disclose upon written demand the names and addresses of the people it “intends to call as witnesses . . .” and any expert witnesses it intends to call at trial, if that information is within its knowledge, possession, or control. The Washington Court…