Search and Seizure Case Update

Search and Seizure Case Update   The Washington Court of Appeals Division II, recently decided a case concerning a person’s right to be free from unreasonable searches and seizures. The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures.  Likewise, Washington’s own constitution has a similar protection that is even … Read more

Deferred Prosecution for Indigent Defendants

Deferred Prosecution for Indigent Defendants   On January 17, 2013, the Washington Supreme Court en banc, recently decided that Washington law does not require the court to pay for an indigent defendant’s treatment while in deferred prosecution. RCW 10.05.130 is relevant statute and states that: “[F]unds shall be appropriated from the fines and forfeitures of … Read more

Mixed Motive Traffic Stops Legal

Mixed Motive Traffic Stops Legal   The Washington State Supreme Court en banc recently ruled in their December 20, 2012 decision in State v. Arreola, that “mixed-motive” traffic stops are not in violation of Washington’s Constitution.  Washington law has held that pretext traffic stop are a violation of a driver’s right to be free from … Read more