Yesterday, two Tacoma men were sentenced to 54 months in prison by Clark County Superior Court Judge Suzan Clark for a burglary that occurred on July 17, 2013 in La Center, Washington. [Read more…]
Woman Runs from Law Enforcement, Struck by Car on Interstate 5 in Vancouver, WA
October 23, 2013 By
It was reported in the news yesterday, a woman was struck by a vehicle while crossing Interstate 5 in Vancouver, Washington. According to the Columbian, “[t]he incident started about 4:40 a.m., when deputies spotted the woman, later identified as Sarah Christiansen, 25, riding a bike in the 7200 block of Northeast 99 without any reflective gear, Sgt. Fred Neiman (in bold for emphasis), concerned for the woman’s safety and other vehicular traffic, Neiman said the deputy turned on his lights to stop her.” The law enforcement agency involved in the pursuit was the Clark County Sheriff’s Office. [Read more…]
Clark County will pay two men wrongfully convicted of rape — $10.5 Million
October 23, 2013 By
The Columbian reported earlier today two men who spent almost 20 years in prison will paid over $10 million after being wrongfully convicted of rape in Clark County, Washington back in 1993. Also newsworthy is the fact the county is taking out a $10 million dollar loan to pay the settlement. [Read more…]
Google Earth = Crime Fighting Tool?
October 22, 2013 By
The Associated Press reports, ‘view from space aided law enforcement in a recent medical marijuana bust in Southern Oregon’. According to the press snippet, “satellite images taken in June showed dozens of plants in neat rows.” Subsequently, law enforcement sent up an aircraft to take closer look. [Read more…]
Stabbing Suspect Appears in Clark County Superior Court
October 22, 2013 By
The Columbian Newspaper reports, ‘a 34 year old homeless man appeared in Clark County Superior Court on suspicion of stabbing another man near a Vancouver church.’ [Read more…]
Vehicle Stop for Traffic Infraction & RCW 46.61.212(1)
October 1, 2013 By
The stop of an automobile by a police officer is a seizure within the meaning of the Fourth Amendment, regardless of the purpose of the stop. State v. Marchand, 104 Wn.2d 434 (1985); Delaware v. Prouse, 440 U.S. 648 (1979).
A stop based on a traffic infraction is valid only if the officer had, from the beginning, a reasonable articulable suspicion that the infraction had occurred and the stop was reasonably related in scope to the circumstances that justified the interference in the first place. State v. Ladson, 138 Wash.2d at 359, 979 P.2d 833. [Read more…]
Emergency Aid Exception & the Fourth Amendment
September 30, 2013 By
In the State of Washington, the community caretaking function exception to the Fourth Amendment’s warrant requirement includes “not only the search and seizure of automobiles, but also situations involving either emergency aid or routine checks on health and safety.” State v. Kinzy, 141 Wash.2d 373, 386. The emergency aid exception applies when “(1) the officer subjectively believed that someone likely needed assistance for health or safety reasons; (2) a reasonable person in the same situation would similarly believe that there was a need for assistance; and (3) there was a reasonable basis to associate the need for assistance with the place searched.” Id. at 386-7. [Read more…]
Did you know the Washington State Constitution affords it residents and visitors greater protections from Governmental Action than its Federal Counterpart, the Fourth Amendment to the US Constitution?
September 27, 2013 By
When a party claims both state and federal constitutional violations, our courts should first review the State constitutional claim. State v. Afana, 169 Wash.2d 169, 176 (2010). [Read more…]
Leave the Investigation to Your Attorney & Your Investigator
September 24, 2013 By
If you are charged with a crime or are under investigation for a crime or you are accused of committing a crime — talk to a criminal defense attorney without delay. The longer you wait. The greater risk there is of valuable information being lost. [Read more…]
DUI & Administrative Hearing w/ the WA DOL
September 24, 2013 By
If you are arrested for DUI in Washington, you have a right to an Administrative Hearing with the Washington Department of Licensing. The cost of the hearing is $375.00 and the request must be made within 20 days of the date of arrest. There are nuances to blood draw DUI cases but you should still talk to an attorney immediately to weigh your options. [Read more…]
