The Police Stop: A Quandary Most of us do not want a police state where government officials or police can simply stop you and ask you for your “papers” for no reason. Yet there is also that righteous indignation about those who “get off” “scot-free” because of...
Grand Rapids Michigan Skyline Over Grand River
Driving Under the Influence
Jury or Judge: Can You Kill a Corpse?
When I first heard the news that there was a verdict in Cleveland Police Officer Michael Brelo’s shooting case I was pleased. I thought it would give me a great opportunity to demonstrate what I had been talking about in prior posts regarding these types of cases: Let...
DUI Field Sobriety Tests – The “Eye Test” and its Limitations
There are three standardized tests all officers in Washington are trained to administer during DUI Detection. When I was in my early twenties, my best friend drove me to a New Year’s Eve party. He was the designated driver for the night. He drank one beer. The night...
Evolution of Search and Seizure Law: Blood Draws for DUI (Part 3)
In Part 2 we discussed the constitutional problem concerning admission one’s refusal to submit to a breath or blood test as substantive evidence of guilt. Unfortunately, it seems there is a lack of uniformity among trial courts and judges concerning this issue at this...
Evolution of Search and Seizure Law: Blood Draws for DUI (Part 2)
In Part 1 we discussed how Missouri v. McNeely resolved the split of authorities among jurisdictions in the United States and tended to abrogate a good amount of prior Washington case law. McNeely held that the natural dissipation of alcohol in the bloodstream does...
Evolution of Search and Seizure Law: Blood Draws in DUI (Part 1)
Any warrantless search or seizure is presumed unlawful aside from a few jealously guarded exceptions. Traditional exceptions include but are not limited to (1) consent; (2) incident to arrest; (3) hot pursuit; and (4) exigent circumstances. Exigent circumstances...
Navarette v. California: Anonymous Claims Sufficient for DUI Stop
In Navarette, the United States Supreme Court recently held that an anonymous informant’s tip that a certain truck “ran her off the road” was sufficient to provide reasonable suspicion of DUI to support a traffic stop. The opinion is problematic as it will have far...
The Future Of Our “Rights”: Punishment For Exercising The Right To Withhold Consent From Warrantless Searches?
A Minnesota appellate court recently appears to have claimed that the state may criminalize a person’s refusal to consent to a warrantless search if the officer could have hypothetically obtained a warrant. You can read the opinion here. This is dangerous. It has long...
Part 1: Why Conservatives Should Support Fed Legalization Of Pot In Washington State
Conservatives champion small federal government limited to the express functions set forth in the constitution (i.e. enumerated powers), state sovereignty, federalism, separation of powers, laissez faire economics, and limited regulation. Yet some conservative pundits...
No New Laws That Compromise Freedoms – DUI Checkpoints in Washington State
It seems like every time there is a terrible tragedy, a cliche of a light bulb suddenly lights up in every politician’s mind and a thought bubble materializes over each politician’s head that reads: “bingo… I got an ‘NEW’ idea… how about a BRAND NEW LAW law?”...