In a Washington criminal case, the state must prove all of the elements of the crime. In a recent case, a defendant challenged her conviction for second degree organized retail theft, arguing that the state had not shown that she obtained goods from a “mercantile establishment” when the alleged crime…
Article I, section 7 of the Washington State Constitution provides individuals a privacy right that is greater than the protection provided by the Fourth Amendment to the U.S. Constitution. A search occurs under article I, section 7, when the government disturbs a citizen’s privacy interests that the citizen should be…
Washington family law recognizes the Committed Intimate Relationship (CIR) doctrine, which was judicially created to resolve the property distribution issues of unmarried couples who had acquired property that would have been community property if they had been married. If a court determines there was a CIR, the court must make…
Under both the Washington and U.S. Constitutions, warrantless seizures are generally prohibited. Police may, however, briefly stop and question a person if the officer has a well-founded suspicion the person was connected to actual or potential criminal activity. The suspicion must be based on objective facts. This type of stop…
The Fifth Amendment to the US Constitution protects individuals from being forced to incriminate themselves. Before interrogating a person in custody, the police have to tell them of their right to remain silent and that what they say could be used against them. The police must also advise them of…
Under Washington family law, spousal maintenance may generally only be modified upon a “substantial change in circumstances.” RCW 26.09.170. In considering whether a substantial change has occurred, the court should consider the spouse’s ability to pay in relation to the other spouse’s financial need. A substantial change must not have…
A court may issue a Washington protection order based on stalking behavior. (RCW 7.92.100) Stalking includes repeated actual or attempted contact with the victim, tracking the victim, monitoring the victim’s actions or following the victim. The respondent’s conduct must serve no legal purpose and be conduct that the respondent knows…
After much anticipation, the Department of Education (the Department) has finally released its final rule addressing how schools receiving federal financial assistance must respond to sexual harassment allegations. The Department has expressed an intention to provide a fair process to both complainants and respondents. These regulations put in place requirements…
The Fifth Amendment of the U.S. Constitution protects individuals from being compelled to incriminate themselves. Government agents must inform individuals in their custody of the rights to remain silent and to have counsel, known as the Miranda warning. If the government fails to give a required Miranda warning, any incriminating…
Title IX disciplinary hearings can result in severe consequences for a student accused of sexual misconduct. In the past few years, accused students have been challenging Title IX procedures. In a recent case, a student of a private university in Kentucky (the University) sought injunctive relief to delay a disciplinary…