http://blog.jennifermcooper.com Washington State criminal defense, search & seizure, DUI and drug law Tue, 07 Oct 2008 19:36:50 +0000 http://backend.userland.com/rss092 en According to The Seattle Times, as of November 2, 2008, a 60 day supply of medical marijuana will be considered 24 ounces of usable marijuana plus 15 plants. In 1998, Washington voters approved Initiative 692 legalizing a 60 day supply of marijuana for medicinal purposes. According to RCW 69.51A.010, qualifying ... http://blog.jennifermcooper.com/2008/10/07/washington-state-says-60-day-supply-of-medical-marijuana-is-24-ounces-of-usable-marijuana-and-15-plants/ King County Prosecuting Attorney Dan Satterberg announced on September 25, 2008 that some felony level drug, property, and ID theft charges will be diverted from Superior Court to district and municipal courts due to budget cuts. Defendants will be charged with misdemeanors, with sentences up to 1 year in jail ... http://blog.jennifermcooper.com/2008/09/26/felony-drug-property-id-theft-charges-diverted-to-district-and-municipal-court/ State v. Bee Xiong, Washington Supreme Court, filed September 11, 2008. Police went to Kheng Xiong's residence with a warrant for his arrest and a black & white picture of Kheng Xiong to assist in identifying him. Officers observed a minivan pull up to the residence and believed the passenger was ... http://blog.jennifermcooper.com/2008/09/15/pat-down-frisks-must-be-supported-by-objectively-reasonable-facts-that-suspect-armed-presently-dangerous/ State v. Adams, Court of Appeals Division I, filed September 2, 2008. Police observed a man sitting in his parked car outside a casino. The registered owner of the vehicle had an outstanding arrest warrant for a revoked driver's license. The driver matched the registered owner's description, so the police officer ... http://blog.jennifermcooper.com/2008/09/02/exiting-and-locking-your-car-doesnt-automatically-prevent-search-incident-to-arrest/ State v. Rose, Court of Appeals Division II, filed August 26, 2008. Ms. Rose was arraigned on drug charges relating to a marijuana grow operation. Ms. Rose's only criminal history was a conviction for driving with a suspended license from 1989. She had no history of failing to appear for court ... http://blog.jennifermcooper.com/2008/09/02/urinalysis-is-warrantess-search-inappropriate-condition-of-pretrial-release/ In a series titled "American Exception" The New York Times examines the American exclusionary rule in "Should Suspects Go Free When Police Blunder?" The exclusionary rule was originally outlined by the United States Supreme Court in Mapp v. Ohio, 367 U.S. 643 (1961) and mandates suppression of evidence in certain ... http://blog.jennifermcooper.com/2008/07/18/is-our-exclusionary-rule-in-jeopardy/ State v. Grande, Washington Supreme Court, filed July 17, 2008. Mr. Grande was a passenger in a vehicle stopped for having very dark tinted windows. When the officer pulled the vehicle over, he detected the moderate smell of marijuana coming from the car. He arrested both the driver and Mr. Grande, ... http://blog.jennifermcooper.com/2008/07/17/smell-of-marijuana-in-general-area-is-insuffiicent-for-probable-cause-to-arrest/ State v. Tonelli-Prado, Washington Court of Appeals, Division I, filed July 7, 2008. Mr. Tonelli Prado was stopped as he was exiting I-5 at James Street in Seattle, WA. The police officer had observed Mr. Tonelli Prado's car cross an 8 inch white line dividing the exit lane from the adjacent ... http://blog.jennifermcooper.com/2008/07/17/vehicle-crossing-over-a-lane-once-by-two-tire-widths-not-a-traffic-violation-justifying-seizure-by-law-enforcement/ State v. Houvener, Washington Court of Appeals, Division III, filed June 26, 2008. Around 5:45 AM on February 11, 2006, campus police responded to a reported burglary on the third floor of a dormitory complex on the campus of Washington State University. The officer learned that the resident's laptop computer and ... http://blog.jennifermcooper.com/2008/07/14/warrantless-search-of-dorm-hallway-unlawful-absent-consent-residents-have-reasonable-expectation-of-privacy-in-floor-hallway/ State v. Dorey, Washington Court of Appeals, Division III, filed June 26, 2008. Police received a complaint of a disturbance involving a black man and another man in a black shirt and arrived at the location. The disturbance was alleged to have occurred 5-10 minutes before the police officer arrived. Nothing ... http://blog.jennifermcooper.com/2008/07/14/seizure-of-witness-unlawful-without-exigent-circumstances/