Both the Fourth Amendment to the U.S. Constitution and article I, section 7 of the Washington State Constitution require probable cause for a search warrant to be issued. Evidence obtained from an illegal search must be suppressed. State v. Betancourth. Even if a search warrant was obtained, evidence seized pursuant…
The Fifth Amendment to the U.S. Constitution and article 1, section 9 of the Washington State Constitution both protect an individual’s right against self-incrimination. A person may, however, be compelled to answer if they are protected from the use of their answers and evidence derived from them in any subsequent…
Spousal maintenance can be a contentious issue in some Washington divorces. In Washington, a court may order spousal maintenance in a divorce case in the amount and for the amount of time “as the court deems just,” after it considers the relevant factors. RCW 26.09.090 sets forth a non-exhaustive list…
The right to cross-examine the complainant in Title IX disciplinary proceedings has been a controversial issue for several years. In a recent case, a New York appellate division annulled a determination that an accused student should be suspended after the decision-maker relied upon the complainant’s statements in making its determination…
In some Washington divorce cases, one party may have advantages over the other. In a recent case, a former husband sought to vacate the divorce order, arguing the wife had misrepresented the documents he signed. According to the appeals court’s opinion, the husband’s father was American and his mother was…
Incidents that lead to Washington assault charges can often be hectic events with multiple people involved, especially if there are people trying to intervene. In a recent unpublished opinion, a juvenile challenged fourth degree assault convictions, arguing the state had failed to prove he intended to hit his siblings with…
Both the Washington Constitution and the Sixth Amendment to the U.S. Constitution give a criminal defendant the right to confront the witnesses against them. Testimonial statements of a witness who did not appear at trial are only permitted if the witness was unavailable and the defendant had previously had the…
Students who file suit against their school based on a Title IX investigation and disciplinary proceedings may wish to protect their identity to try to prevent additional reputational harm. A federal court in Nebraska recently allowed an accused student to proceed with his lawsuit under the pseudonym “John Doe.” The…
When a court orders Washington child support, it must follow the statutes and make the required findings. In a recent unpublished case, a father challenged a child support modification order that imputed income to him and required him to share in expenses related to the child’s gymnastics activities. The mother…
RCW 7.105.225(1)(a) requires a court to issue a Washington domestic violence protection order (“DVPO”) if the petitioner proves, by the preponderance of the evidence, they have been the subject of domestic violence committed by the respondent. “Domestic violence” includes “[p]hysical harm, bodily injury, assault, or the infliction of fear” thereof.…