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DEFENSE PERSPECTIVEBill Bowman
SCHROETERGOLDMARK& BENDER
810 Third Avenue, Suite 500Seattle, Washington 98104(206) 622-8000
Most Common Reasons Cases Dismissed/Evidence Suppressed
Can rely on information from third party if “sufficient indicia of reliability”:Informant is reliable; orSufficient factual basis; ANDCorroborationSOLUTION: Ask Dispatch for as much information as possibleBe patient – Good things will come
Most Common Reasons Cases Dismissed/Evidence Suppressed: #1Unidentified/Identified Third Party Informant
Initial Seizure – Reasonable SuspicionInvestigative Detention – Confirm or Dispel SuspicionArrest – Probable CauseCrRJL 3.1 – Right to Lawyer Shall Accrue As Soon as Feasible AfterArrestAs Soon As Feasible Means ImmediatelySOLUTION: Advise of Right to Counsel At Time Suspicion Confirmed
Most Common Reasons Cases Dismissed/Evidence Suppressed: #2Exceeding Scope of Terry/CrRLJ 3.1 Violation
Police may search a car incident to arrest only if:The defendant is within reaching distances of the passenger compartment at the time of the search; orIit’s reasonable to believe that the car contains evidence of a crime.Arizona v. GantNo Inevitable Discovery Doctrine in WashingtonSOLUTION: Only conduct search in exigent circumstancesMandatory Impound Law
Most Common Reasons Cases Dismissed/Evidence Suppressed:#3Search Incident to Arrest
When defendant invokes right to counsel, not subject to further interrogation unless:He initiates further questioning himself; orCounsel has been made available to himEdwards v. ArizonaMade available means actually present (telephone not enough)Minnick v. MississippiDifferent than Invocation of Right to Remain SilentSOLUTION: Once invoke right to counsel – Stop Interrogation
Most Common Reasons Cases Dismissed/Evidence Suppressed:# 4Right to Counsel Violation
CREDIBILITY
Most Common Reason A Case Is Lost At Trial
CREDIBILITY
TestimonyDemeanor is Everything
CREDIBILITY
Fundamental FairnessGive Defendant Opportunity to SucceedVideo:Proper Working Order;Consistent With Report;Captures ENTIRE contact
CREDIBILITY
CompetencePolice Reports:Thorough and CompleteAccurateTemplate
Recent Trends to Attack Credibility
Disciplinary RecordsFacebook/Social Media
WHY DON”T DRE CASES GO TO TRIAL?
Nature of the CasesUsing AND possessing drugsUsing drugs AND alcohol
WHY DON”T DRE CASES GO TO TRIAL?
NATURE OF DEFENDANTSIllegal DrugsSignificant HistoryPublic DefenderPrescription DrugsNo HistoryPrivate Counsel
WHY DON”T DRE CASES GO TO TRIAL?
RELUCTANCE TO PROSECUTEIntimidated by DRE EvidenceBlood Admissibility IssuesTechnical and Scientific ChallengesLack of Impairment Quantification
WHY DON”T DRE CASES GO TO TRIAL?
QUESTIONS

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