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…
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…
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…
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…
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…
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…
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…
For decades, Washington State law enforcement agencies have administered certain physical tests to individuals suspected of intoxication. Nowadays, almost everyone who has consumed alcohol, or driven a car is aware of the Standard Field Sobriety Test’s, otherwise known as FST’s. Perhaps the most widely and best known test being, Walk…
In Washington State, Drug Recognition Experts, also known as DREs are regular law enforcement officer’s who have received additional training to recognize impaired drivers who are under the influence of drugs other than, or in addition to alcohol. In the 1970’s the Los Angeles Police Department developed the Drug Evaluation…
People from all walks of life have criminal records. Some people have had a DUI. Others have had convictions for assault or theft. When these people get divorced, many of them wonder how their criminal record will impact their dissolution proceedings. Unfortunately, for purposes of this blog post the answer…