According to the Associated Press, as published by The Daily Chronic, Joseph L. Robertson was pulled over for speeding last May in Tacoma. He was cited for driving without a license and after cops discovered a small amount of marijuana, he was also charged with misdemeanor marijuana possession.

Robertson is an authorized medical marijuana patient in the state of Washington. This paired with the fact that voters in the state of Washington decided to legalize possession of small amounts of pot in November led the marijuana charge to eventually be dismissed by the prosecutor in December.

Like any defendant whose property was unlawfully seized by the police, Robertson asked for his pot back. He showed proof of his medical marijuana registration, and with no criminal charges attached to the weed, assumed the police would hand it over. He was wrong.

The marijuana is now in possession of the Pierce County Sheriff’s Department, who operates the evidence room. Deputies there refuse to give Robertson his marijuana. They’ve stated that it is a city of Tacoma case and if the Tacoma police want to come get it and turn it over to Robertson, it’s their prerogative.

And a judge has ordered them to do just that.

Municipal Court Judge Jack Emery has ordered the city to return the marijuana or face contempt charges.

“Appeal or comply,” said Emery to the assistant city attorney on the case. “Or next week, show up, and I would advise you to bring counsel.”

Emery first made his order known in February, and the city has yet to comply. His patience is wearing thin and he has now attached a 7-day deadline and a threat to the order. Because the marijuana is no longer part of a criminal case, the city has no lawful right to it. Emery admits there is a conflict between state and federal law regarding marijuana, but as a state judge he is acting within the laws of Washington, not the U.S. federal courts.

It’s still possible to face marijuana charges in the state of Washington. And with some localities reluctant to respect the will of the voters, charges may be even more likely. Whether you are charged with distribution of marijuana or possession of another drug, we may be able to help.

An independent review of the Seattle police’s response to the protests was recently released, and provided a scathing report on the shortcomings of the city’s department and upper-level decision makers.

Seattle protesters on May Day 2012. (Seattle Times/Alex Garland)

According to the Seattle Times, the report was authored by former Los Angeles Deputy Chief Michael Hillman. In total, it was 62 pages long. Hillman made a total of 38 recommendations and offered a list of “a litany of failures that allowed widespread violence and vandalism during a noontime march that left store and car windows smashed.”

The problems, Hillman noted, were largely due to confusion among officers caused by a lack of clarity from officials on what was expected from them. Officers weren’t clear on when they could use force or what level of force to use.

Initially, it seems, commanders were told that the police should exercise a largely “hands off” approach on May Day. And according to interviews with civilians, the streets of Seattle were abnormally absent of cops when the protests began. Commanders were encouraged to use little to no enforcement, “invisible deployment” and no pepper spray.

But when the protests took a turn for the worse and the peaceful protests were allegedly infiltrated by anarchists with violent property destruction in mind, officers weren’t sure how to respond, and that’s where things got ugly.

In addition to officer confusion, there was the issue of divergence in the upper ranks. “Planning interference” by Assistant Police Chief Mike Sanford was blasted in the report after Sanford rushed into the crowd in “shirt sleeves” to make an arrest. He had to be rescued by officers around him this rescue required officers to use force that would have otherwise been unnecessary.

With the report being issued about a month before May 1 2013, there is a good chance officials will be better prepared this time around, and officers will be well-informed with clear expectations. Even with embroiled Seattle Police Chief John Diaz stepping down, there is likely to be some greater leadership on May 1 in light of the mistakes made last year.

If you are arrested at a protest and charged with disorderly conduct, rioting, or resisting arrest, we may be able to help. You have rights. Contact our offices today to discuss your case and the legal options available to you. 

According to Reuters, some bar and restaurant owners changed their businesses or at least a portion of their businesses to private clubs. By doing so, they hoped to make it okay for patrons to light up inside without fear of arrest. Not so, says the state.

The marijuana law in Washington allows for people to possess and use marijuana, but it does not allow a public display or public usage. The state’s Liquor Control Board says these businesses are skirting the law and they will be held responsible.

“You can’t open it up, you can’t show somebody, and you certainly can’t smoke it or ingest it in some way in a public place,” said Brian Smith, a spokesman for the board. “Bars and restaurants are public places that we license.”

As the law is currently, there is nothing dictating how officials are to handle such businesses that allow marijuana on their premises. However, violating the public use part is punishable by a $103 fine to customers.

Business owners see their coversion to private clubs as a way to ensure those within approve of the smoky surroundings and that they shouldn’t be subject to the “public” use aspects of the law. They do want to comply but say they believe they are in compliance with the law.

Frank Schnarr of Frankie’s Sports Bar & Grill in Olympia has set up a private room in his establishment specifically to allow customers to use marijuana. He says he plans on keeping it that way and is prepared to fight any restrictions in court.

“It got passed for recreational use,” says Schnarr. “They should let it be smoked everywhere.”

The governor is opposed to such “public” use, says a spokesperson. Allowing businesses to skirt the law would “send the wrong message”.

It’s likely the Liquor Control Board will be addressing the issue in their upcoming regulations, due to be drafted by May 22, heard before the public on June 26, and up for vote among board members on July 3. Any new regulations would take effect August 3.

Despite recreational marijuana now being legal, there are restrictions and you can still be subject to criminal penalties if you violate the current system of laws. If you are charged with a marijuana offense or any drug-related crime, let us help you, call for a free consultation.

According to the Seattle Times, 17 people have complained that they were unjustly attacked by Western Washington police dogs. So far, the attacks have resulted in more than $1 million in settlements and many other cases are still pending. Insurers of Washington police forces say the dog attack incidents happen multiple times throughout the year.

In one case, a 17-year old was attacked as he watched police search a home while standing in a friend’s driveway. Another case involved a man who was actually helping police capture a suspect. Sometimes the attacks are committed by the same dogs, with one dog, named Cliff, being named in at least three incidents.

Still, this and other dogs like him are still used on the force.

These bites aren’t minor, small lacerations—they are big and ugly and leave behind large scars. Part of the reason for this is police dogs in the U.S. are trained to bite and not let go until instructed to do so by their handlers. Even then, some don’t want to release their grip. In the case of the 17-year old boy, officers had to pry Cliff’s mouth open with a flashlight.

In other countries, police dogs are trained to surround and stop a suspect, but not to attack unless the suspect tries to flee. No so here.

Even when the person in the grip of the dog’s jaws is a suspect, there are some questions as to the appropriateness of the attack.

In one case, police were after Noel Saldana for a domestic violence incident. Police say he hid in the bushes and refused to come out. Saldana says he came out and laid down like the officer requested. Both versions of the story end in a brutal dog attack.

Saldana says that as the dog latched on to his leg the officer said repeatedly, “Get him boy, get him boy, get him boy,”. Saldana was hospitalized for 11 days and at one point doctors discussed removing his leg below the knee.

Police dogs are an extension of the officer handling them. But neither the dog nor the handler ever seem to be held responsible for their actions.

If you are accused of a crime like resisting arrest or disorderly conduct, even if a dog wasn’t involved, you need someone on your side when you go before the judge. Contact our offices today to discuss your case and how we might be able to help.

Mike Simmons was on his lunch break when he was pulled over by Kent police.

“As soon as the officer came to the vehicle, he asked me to stick out my tongue,” Simmons told a local reporter.

Upon reportedly seeing a “green film” on Simmons’ tongue, the officer promptly arrested him and took him to jail. There he was asked to submit to a blood test to confirm marijuana use. He denied the blood draw, saying he wanted a lawyer present.

Simmons is thus far out $5,000 for the incident and has yet to go to court. He says he was stone sober at the time of the arrest. He had smoked marijuana three days prior, but not since. Because Washington’s new law dictates a driver can’t have more than 5 nanograms of THC in their blood, and because THC (the active component in marijuana) takes so long to clear the body, any blood test may have put Simmons over the legal limit.

The testing of active THC in the bloodstream indicating impairment vs. passive THC residue indicating previous use is still a large concern for legal marijuana smokers.

“I just feel like the system they have is unfair,” said Simmons. And he’s right. Law enforcement has no scientific evidence that marijuana causes a green film to form on the tongue. Ask any pot user whether this green tongue phenomenon has any truth to it, and they’ll laugh (because the theory is laughable, not because they are marijuana users).

Only one prior case indicates any relationship between marijuana and a green tongue. State v. Baity (2000) featured a defendant who smoked marijuana and also had a green tongue. But there is no direct cause and effect relationship here. The defendant may have also liked Sour Apple Jolly Ranchers.

Apparently Simmons isn’t the only person who has been hit with the “green tongue” accusation. Other officers have used this to establish probable cause to arrest despite their being no proof of a link. It seems as if law enforcement are looking for excuses to arrest folks on pot charges and are making up the rules as they go.

If you are arrested for driving under the influence of marijuana or even DUI, we may be able to help. Contact our offices today to discuss your charges and the legal options available to you. 

According to SeattlePI.com, the woman made eye contact with the Auburn officer as she was leaving the Sports Page Bar. She said when she initially made eye contact, she immediately got a “weird vibe” from him.

She got in her car and drove the two blocks to her house. The officer followed her. When she went to exit her vehicle, he ordered her back in. He didn’t have his lights on.

According to the woman, the officer accused her of trying to “elude” him. He asked if she had been drinking. She admitted that she had a glass of wine but that she couldn’t have more because she was pregnant. He then handcuffed her and put her in his police car.

Then he told her that she smelled like marijuana and he would have to search her. He searched in her blouse and down the front of her pants, groping her. In this “search” the officer didn’t check her jacket or pockets.

The woman began to cry and the officer removed her handcuffs. She said he asked three times if he could come into her house, eventually letting her exit the vehicle.

The woman, who is being named in all of the media accounts despite the officer’s name being kept quiet, contacted the police department immediately. The officer has since been placed on administrative leave while the investigation is conducted.

As for the woman, she lost the baby, something her fiancé says is due to the stress and depression she has suffered since the incident.

The investigation is being handled by an outside department, the Puyallup Police, who will forward their findings to the King County Prosecutor.

This incident is an extreme example of why people are reluctant to trust the police. While few officers would go to this extreme, many others abuse their authority in other ways.

When you are placed under arrest, you are the “criminal” according to many police standards. And for many cops, this means you are less than worthy of respect. Being caught up in the system like this means there will be several people, including the police, who are not on your side. This is why a criminal defense lawyer can be such an asset.

Whether you are charged with DUI or drug possession, you need an attorney on your side. Contact our offices today to discuss your case and how we might be able to help.

According to the Associated Press, Washington Governor Jay Inslee insists it is possible, though checkpoints and fences don’t seem to be options on the table.

“I am going to be personally committed to have a well regulated, well disciplined, well tracked, well inventory-controlled, well law-enforcement-coordinated approach,” Inslee says. He is expected to deliver additional details about his plan to U.S. Attorney Eric Holder next week.

Because marijuana is still against federal law, and the federal government won’t be backing down without a fight (if at all), both Washington and Colorado are taking every step possible to minimize the risk of being sued—just one option in the pocket of the feds.

One thing that could keep the pot inside Washington borders is controlling the supply. If state-licensed growers make too much of the green stuff, the incentive will be there to put it onto the black market and take it out of state. To this end, the state is analyzing just how much marijuana Washingtonians want.

The state’s Liquor Control Board has a “comprehensive survey” in the works to try and get an estimate on who will be smoking and how much. Then, through tightly controlled supply and even possibly bar codes and other tracking mechanisms, they hope they can keep the weed inside the borders.

Some say it’s an exercise in futility, that there is no way to keep the marijuana behind state lines. Tom Gorman of the Rocky Mountain high Intensity Drug-Trafficking Area says that even in Colorado, where the medical marijuana is the most tightly regulated system in operation, medical pot still makes it to other states.

However, some say dispensaries and business owners may provide the added control needed. They say it’s a cut-throat business and that growers and dispensary operators may just turn their competition in if they see any violations going on.

The federal government has not yet sued any state in regards to medical marijuana, but the recreational marijuana laws now being instated in Washington and Colorado may be the motivation they need. Here’s hoping Governor Insole’s commitment to control convinces A.G. Holder that a hands-off policy is best.

Whether you are caught in violation of marijuana laws or any other criminal law, you need an advocate on your side helping to ensure the best results possible on your case. Contact our office today to discuss your charges and how we might be able to help.

The Washington State Liquor Control Board is tasked with implementing the new legislation which legalizes recreational marijuana, and they want input from the public.

According to the Board’s website, “The forums are an opportunity for interested citizens to meet WSLCB staff involved in implementation, be updated on implementation and to provide input to the Board for it to consider as it develops rules.”

At this initial forum, the public definitely weighed in, making suggestions like:

• Not making a felony conviction an automatic bar to production licensing
• Licensing as many producers as qualify (rather than setting a cap), in order to flood the market and squash competition on the black market
• Survey the public to determine an approximate demand, and then double it
• Remember to take into account the environmental impact of production
• Account for the changes that marijuana has undergone over the past several decades

The Board certainly has a lot to consider, and just because voters want marijuana freed-up doesn’t mean it will be a free for all. Washingtonians can likely expect significant rules and regulations regarding the production and sale of marijuana. But that was the idea, and one of the selling points—that it would be regulated like alcohol.

Liquor Control Board Chair Sharon Foster said, “We obviously underestimated how many people would choose to be here.”

Perhaps, like many others, the board underestimated just how serious some people are about marijuana—preferring to think of pro-pot folks as pot-heads zoning out to cartoons at home.

Voters have proven in Washington that they know the value of a good thing and want to see marijuana treated as the potentially beneficial and profitable crop that it is.

You can find the dates of future public forums here.

Remember, you can still be arrested for some marijuana offenses, and not all law enforcement agencies in the state are taking to the new law very well. If you run into trouble with the law, contact us to discuss your rights and legal options.

According to the Huffington Post, Officer Thompson received reports that someone matching Zehm’s description was stealing from people at an ATM. When he encountered Zehm at a convenience store, he immediately hit him with his baton and used his taser on him. In the next several seconds, Thompson beat him mercilessly with his police baton. Other officers hogtied Zehm, placed a rubber mask over his mouth, and sat on him. Zehm would never regain consciousness.

Zehm was mentally disabled. He was at the store to buy candy and something to drink. He was later found to have committed no crime. “All I wanted was a Snickers bar,” were reportedly his last words.

Following the incident, Thompson lied about it. Despite this and the outrage of the Spokane community, the local prosecutor declined to bring charges. It wasn’t until the federal government got involved that charges were brought in federal court. Thompson was found guilty of violating Zehm’s civil rights through excessive force and lying.

A federal investigation into the possibility of a larger-scale cover-up is still ongoing.

“’When officers abuse their power and lie to cover it up, it fundamentally undermines’ their position of trust in the community,” said a justice department attorney who aided in prosecuting Thompson, according to the Huffington Post.

Federal prosecutors sought 9 to 11 years in prison because of the seriousness of the attack and the effect it had on the local and national community.

Painted as a hero, Thompson’s attorneys said he was being vilified, that he was a hero and a Vietnam veteran, not a killer. The judge, however, obviously thought that his history was not enough for a free pass.

If you are accused of a crime and you believe you were unfairly targeted by police, we may be able to help. Contact our offices today to discuss the charges against you and your legal options.

According to the Seattle Times, the independent monitor who will be overseeing the transition is Merrick Bobb, known for his similar work in Los Angeles following the beating of Rodney King and the resulting upheaval in the LAPD.

The settlement between the city of Seattle and the DOJ requires the city to make significant changes in order to eliminate excessive force and biased policing.

Bobb’s appointment to the position was not without controversy. As with nearly every step of this federal investigation, there were disagreements. Mayor Mike McGinn, Police Chief John Diaz and other police officials opposed his appointment on the grounds that a board member from his own nonprofit helped write the DOJ’s initial December 2011 report that led to this entire situation.

But, an ethics chief found no conflict and the city council “forced the issue”, voting 8 to 1 for Bobb’s appointment.

“The stakes are very large,” said Bobb after his appointment. “It will be overcame, hopefully seeing that I am a fair, honest, and credible source of information.”

Bobb’s appointment could last for up to five years as he helps guide the city to resolution for all of the problems it has seen, including countless allegations of brutality and biased enforcement.

“I have worked with Merrick Bobb for over 15 years,” said L.A. civil rights attorney Connie Rice. “The Court and the city will find that he is a superb choice for monitor. His knowledge of and respect for policing is deep, and there is no one with a better understanding of why departments fail to meet constitutional standards—and what it takes to help them meet those standards.”

The people of Seattle deserve to be policed by an agency which follows fair and consistent practices—one they can trust and not be afraid of.

In the meantime, many people within the city don’t trust the police. With so many police brutality cases and questionably biased enforcement, their distrust is understandable.