Washington drug cases often turn on the legality of the search that found the evidence. Both the federal and Washington state constitutions provide protection from unreasonable searches and seizures. Generally, searches must be conducted under a lawful warrant, unless an exception applies. A man recently successfully challenged his conviction on…
Washington criminal case law has established that defendants are entitled to be free of shackles at trial, unless there are extraordinary circumstances. Restraints may affect a number of constitutional rights, including the presumption of innocence, the right to testify, and the right to consult with counsel. Trial courts do, however,…
In a Washington criminal case, the state must prove all of the elements of the crime. In a recent case, a defendant challenged her conviction for second degree organized retail theft, arguing that the state had not shown that she obtained goods from a “mercantile establishment” when the alleged crime…
Article I, section 7 of the Washington State Constitution provides individuals a privacy right that is greater than the protection provided by the Fourth Amendment to the U.S. Constitution. A search occurs under article I, section 7, when the government disturbs a citizen’s privacy interests that the citizen should be…
Under both the Washington and U.S. Constitutions, warrantless seizures are generally prohibited. Police may, however, briefly stop and question a person if the officer has a well-founded suspicion the person was connected to actual or potential criminal activity. The suspicion must be based on objective facts. This type of stop…
The Fifth Amendment of the U.S. Constitution protects individuals from being compelled to incriminate themselves. Government agents must inform individuals in their custody of the rights to remain silent and to have counsel, known as the Miranda warning. If the government fails to give a required Miranda warning, any incriminating…
Police officers may engage in social interactions with individuals. Some actions or activities, however, can transform the social interaction into a seizure. Under Washington criminal law, an officer must have reasonable suspicion to detain an individual and probable cause to arrest him. In a recent case, the state challenged the…
The Fifth Amendment to the U.S. Constitution provides the right to be free from self-incrimination. The police must advise suspects of their rights when they are subject to a custodial interrogation by a state agent. If they fail to give the Miranda warning, then the statements made during the custodial…
The Washington Constitution provides that a person accused of a crime has a right to notice of “the nature and cause of the accusation against him.” An information in a Washington criminal case must set out all essential elements of the crime along with the facts that support them. If…
Under Washington rules of criminal procedure, a court may dismiss a criminal prosecution due to arbitrary action or governmental misconduct if the accused rights have been prejudiced and his or her right to a fair trial has been materially affected. CrRLJ 8.3(b) and CrR 8.3(b). Washington case law has held…