Washington State Supreme Court Still Focused On Citizen’s Privacy.

Posted by on July 26, 2010

Although July 4th is a nationally recognized holiday celebrating the freedom and civil liberties of those within the land, July 1, 2010, the State Supreme court celebrated early.  In the recently issued case of, State v. Afana, the State Supreme Court followed the US Supreme Court reasoning in Gant (police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search) and then added anotherRead More

DUI Or ADD/ADHD? A Case Of Wrongful Arrest & Prosecution.

Posted by on June 14, 2010

You may have seen  or heard about Washington Roadside DUI “Sobriety Tests” and that officers use them not just here, but nationwide to justify their arrests.  In Washington the law allows use of the tests as “evidence”  to help prosecute drivers for DUI.  In Washington state, the prosecuting attorneys does not need a breath test to move forward with DUI prosecution if the driver performed these roadside tasks.  However, these tests do not account for the disability of ADD/ADHD that is recognized by theRead More