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Articles Posted in Criminal Law

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When a co-defendant is charged with the same offense: State v. Downs

For starters, let’s say that John Doe is charged with possession of a firearm when he is pulled over by police late one night. At the time he was charged, he was in a car with a friend who is indisputably the one who possessed the gun and concealed it…

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Neighbors and No Contact Orders

Washington State courts can issue an No Contact Order (NCO) as condition of sentence, but can they require a distance requirement that results in a hypothetical client being prohibited from living in his residence which is next door to the alleged victim? The statute authorizing a no contact order states…

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The Fellow Officer Rule

Hypothetically, you have a police officer who while driving her car past a intersection observes a individual selling crack on the street corner, he directs another patrol car following directly behind him to arrest the individual. Can he do this? how is this legal? The collective knowledge doctrine, or “fellow officer…

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NHTSA: Drugged Drivers no more likely to crash than Drunk Drivers

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION — A new federal study shows that drivers who have used pot are just as likely to get into a crash as sober drivers. The study was performed by the National Highway Traffic Safety Administration (NHTSA) in Virginia and compared more than 3,000 drivers in…

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Case Summary: State of Washington v. Ryan Richard Quaale

In December 2014, the Washington State Supreme Court held that the HGN field sobriety test, which can indicate physical signs of alcohol consumption, cannot by itself establish impairment.  On August 28, 2011, Washington State Patrol Trooper Stone observed Ryan Quaale driving his truck 56 mph in a 25mph zone on…

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Do I have a right to a speedy trial in Washington State?

So what is the right to a speedy trial? The Sixth Amendment to the United States Constitution, provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.” The Clause is important because it protects the defendant from delay between the time…

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Field Sobriety Tests in Washington: Taking the Walk and Turn, Heel to Toe Test

The Walk and Turn, Heel toe test one of the most common SFST’s administered in Washington State. A person will first listen to instructions, then walk in a straight line to show divided attention between mental tasks and physical tasks. The mental tasks include comprehension of verbal instructions, processing of…

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Field Sobriety Tests in Washington: What is HGN?

Horizontal Nystagmus is one of three common field sobriety tests currently administered by law enforcement officers across Washington State. Nystagmus is an involuntary rapid movement of the eyeball, which may he horizontal, vertical, or rotatory. An inability of the eyes to maintain visual fixation as they are turned from side…

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Case Summary: State of Washington v. Michael Baity and Edward Arnestad

In State v. Baity, the Washington Supreme Court found the basis for HGN testing, that intoxicated people will exhibit nystagmus, to be generally accepted under Frye. Baity also addressed the admissibility of the 12-step DRE examination, of which HGN was one step, employed by police officers to detect behavior associated…

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