State v. Mayer: A Cop’s Misleading Explanation of Miranda

In a case where the defendant, Nicholas Mayer, was accused and convicted of ten criminal counts after robbing a teriyaki restaurant at gunpoint, the Washington State Supreme Court had to decide whether Mayer adequately waived his Miranda rights (derived from the Fifth Amendment), and furthermore, whether that improper Miranda would have mattered when the evidence was stacked against the defendant.

After robbing…

The Files Are In The Computer; State v. Cates and “Plain View”

Article I, section 7 of the Washington State Constitution (see p. 5) states that “[n]o person shall be disturbed in his private affairs, or his home invaded, without authority of law.” The case of State v. Cates grapples with whether a community custody condition permitting a community corrections officer (CCO) to inspect the files of an individual under community supervision is facially valid…

State v. Barry; Defendant’s Courtroom Demeanor as Evidence

In its most recent opinion, the Washington State Supreme Court had to decide whether the trial court erred by instructing the jury that evidence includes everything that they (the jury) witness in the courtroom, including the defendant’s actions and demeanor.

Robert Barry stood trial for two counts of child molestation. During its deliberations, the jury sent the court a question asking…

Totality of Circumstances & Terry Stops: Fuentes & Sandoz

The Washington State Supreme Court recently handed down a ruling on a pair of consolidated cases in Fuentes & Sandoz..  Each case involved whether there was a reasonable suspicion of criminal activity that would allow officers to conduct a Terry stop. A Terry stop is a legally justified search/seizure by the police that is based on a reasonable suspicion of criminal activity (note: the basis…

State v. Budd: A Man’s Home is his Castle

The Washington State Court of Appeals Division III recently handed down an opinion in State v Budd which has to do with the warnings a police officer gives to a resident of a home before entering that home for the purpose of it being searched. Ferrier warnings, as they are called (named after a 1998 Washington State Supreme Court case), inform someone, whose…

State v. Henderson: the Washington Supremes Examine Lesser-Included Offenses

On February 26th the Washington Supreme Court handed down a 6-3 decision in State v. Henderson reversing a trial court’s decision to deny Mr. Henderson a lesser-included-offense instruction for First Degree Manslaughter as an alternative to First Degree Murder.  Defendants are entitled to lesser-included offense instructions where the evidence could reasonably lead a juror to convict on a lesser offense…

State v. Longo: You Can’t Have Your Marijuana and Eat it Too

In State v. Longo, Division One of the Washington State Court of Appeals held that the State was not barred from introducing evidence of Mr. Longo’s allegedly illegal marijuana grow by virtue of a previous decision in a city forfeiture proceeding which held that the search of Mr. Longo’s house was illegal.

The Court’s decision turned on the doctrine of collateral…

State v. Pavlik: You Ought to Remain Silent, But if You Don’t….

It is considered stock advice in the criminal defense trade that you should not, under any circumstances, talk to the police.  The reason is simple: under the Rules of Evidence anything harmful you say can be used against you, but your out of court statements can’t be used to help you.  This is because Evidence Rule 801(d)(2) allows an exception to the…