Google Earth = Crime Fighting Tool?

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

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)

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

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?

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

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…]

Vancouver Criminal Defense Attorney / Revised Code of Washington 46.37.050 / DUI-DWI

RCW 46.37.050 states:

(1) After January 1, 1964, every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted as required in RCW 46.37.020, shall emit a red light plainly visible from a distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to January 1, 1939, shall have at least one tail lamp. [Read more…]

DUI/DWI & RCW 46.61.140

RCW 46.61.140(1) – Driving on Roadways Laned for Traffic states, “[w]henever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (1) a vehicle shall be driven as nearly as practiceable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.” [Read more…]

DUI/DWI & the “2:00 am Phone Call” (Washington State)

If you are arrested for DUI/DWI, the police officer presumably will read you your constitutional rights which include:  “you have the right at this time to an attorney”; “you have the right to talk to an attorney before answering any questions”; and “you have the right to have an attorney present during the questioning”.  In a nut shell, law enforcement should advise you of your right to talk to an attorney. [Read more…]

Criminal Defense Attorney on the NBA Draft & Knowing When to Say When

Today is the NBA draft.  A joyous but conversely nerve-wracking time of year when fans of professional basketball across the world pray their team will draft the next great NBA legend / HOFer capable of a leading a team out of the lottery and deep into the playoffs ultimately culminating into an NBA title (or two or more).  Ostensibly, the missing piece to a championship caliber team. [Read more…]