DEFENSE PERSPECTIVE Bill Bowman SCHROETER GOLDMARK & BENDER 810 Third Avenue, Suite 500 Seattle, Washington (206)

Most Common Reasons Cases Dismissed/Evidence Suppressed

Can rely on information from third party if “sufficient indicia of reliability”: Can rely on information from third party if “sufficient indicia of reliability”: Informant is reliable; or Informant is reliable; or Sufficient factual basis; AND Corroboration SOLUTION: Ask Dispatch for as much information as possible Be patient – Good things will come Be patient – Good things will come Most Common Reasons Cases Dismissed/Evidence Suppressed: #1 Unidentified/Identified Third Party Informant

Initial Seizure – Reasonable Suspicion Investigative Detention – Confirm or Dispel Suspicion Arrest – Probable Cause CrRJL 3.1 – Right to Lawyer Shall Accrue As Soon as Feasible After Arrest Arrest As Soon As Feasible Means Immediately As Soon As Feasible Means Immediately SOLUTION: Advise of Right to Counsel At Time Suspicion Confirmed Most Common Reasons Cases Dismissed/Evidence Suppressed: #2 Exceeding Scope of Terry/CrRLJ 3.1 Violation

Police may search a car incident to arrest only if: 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; or Iit’s reasonable to believe that the car contains evidence of a crime. Arizona v. Gant No Inevitable Discovery Doctrine in Washington SOLUTION: Only conduct search in exigent circumstances Mandatory Impound Law Mandatory Impound Law Most Common Reasons Cases Dismissed/Evidence Suppressed: #3 Search Incident to Arrest

When defendant invokes right to counsel, not subject to further interrogation unless: When defendant invokes right to counsel, not subject to further interrogation unless: He initiates further questioning himself; or He initiates further questioning himself; or Counsel has been made available to him Edwards v. Arizona Made available means actually present (telephone not enough) Made available means actually present (telephone not enough) Minnick v. Mississippi Minnick v. Mississippi Different than Invocation of Right to Remain Silent SOLUTION: Once invoke right to counsel – Stop Interrogation Most Common Reasons Cases Dismissed/Evidence Suppressed: # 4 Right to Counsel Violation

CREDIBILITY Most Common Reason A Case Is Lost At Trial

CREDIBILITY Testimony Demeanor is Everything

CREDIBILITY Fundamental Fairness Give Defendant Opportunity to Succeed Video: Proper Working Order; Consistent With Report; Captures ENTIRE contact

CREDIBILITY Competence Police Reports: Thorough and Complete AccurateTemplate

Recent Trends to Attack Credibility Disciplinary Records Facebook/Social Media

WHY DON”T DRE CASES GO TO TRIAL?

Nature of the Cases Using AND possessing drugs Using drugs AND alcohol WHY DON”T DRE CASES GO TO TRIAL?

NATURE OF DEFENDANTS Illegal Drugs Significant History Public Defender Prescription Drugs No History Private Counsel WHY DON”T DRE CASES GO TO TRIAL?

RELUCTANCE TO PROSECUTE Intimidated by DRE Evidence Blood Admissibility Issues Technical and Scientific Challenges Lack of Impairment Quantification WHY DON”T DRE CASES GO TO TRIAL?

QUESTIONS