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...
In part 1, we discussed what is required for law enforcement to make a warrantless entry into the home. The state must prove each of the following elements of the emergency aid exception to the warrant requirement: The police officer subjectively believed that...
The law has recognized that “every man’s home is his castle.” This does not mean that a homeowner can do whatever he or she pleases or engage in abuse. For example, Ray Rice of the Baltimore Ravens has recently seen that he is not above the law. But it is true that...
I hope everyone saw Richard Sherman on CNN the other night. If you did you saw an exemplary human being speaking openly with great insight. And, he plays a mean corner. Before the interview, I assured my wife that he would come through. It wasn’t just that I’d seen...
In part 1, we discussed the original understanding of the Federal commerce power and its erosion. In part 2, the gross, substantial expansion of the Federal Government’s power that occurred in the twentieth century was discussed. Now, we’ll cover the relationship of...
In Part 1, we talked about the original understanding of the Federal commerce power and how it has been eroded. The gross, substantial expansion of the Federal Government’s power that occurred in the twentieth century is discussed below. Up until about the 1930’s the...
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...
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?”...
For a person to be guilty of DUI he or she must “drive a vehicle within this state.” RCW 46.61.502. But what exactly constitutes “driving” or a “vehicle” has sparked some discussion. Recently a man was cutting grass on his lawnmower. He had a few beers with friends...
Seattle, King County, Oak Harbor, Island County, Defense Attorney Discusses the Realities of Federal Prosecution of Drug Crimes. Federal prosecutors and law enforcement dominate the prosecution of drug crimes. Conspiracy to Distribute Controlled Substance Indictments...