The Washington State Constitution recognizes a privacy right and prohibits disturbance of that privacy without authority of law. When a driver is arrested for driving under the influence, the vehicle must be impounded pursuant to RCW 46.55.360. A defendant recently challenged the impound statute as a violation of the Washington…
Washington law prohibits possession of a firearm by a person, including a juvenile, who has been convicted of a serious offense. Washington law allows a person to petition the court for restoration of the right to possess a firearm in certain circumstances. It is not uncommon for a Washington criminal…
When a person slips and falls in an office building, it is important to ascertain who may be liable. Multiple tenants, a property management company, building owners, and even some vendors contracted to do certain work may have some responsibility. Liability may depend in part on the leases, contracts, and…
Washington State has long allowed adults with criminal convictions to vacate convictions from their record. However, the previous eligibility requirements severely limited the ability to vacate certain convictions and the number of convictions eligible to be vacated. In April of 2019, the Washington State legislature passed the New Hope Act,…
In a Washington criminal case, a warrantless search will be found to be unreasonable unless the state shows that a warrant exception applies. In a recent case, a defendant challenged her conviction based on evidence found during a warrantless search. According to the court’s opinion, a police officer responding to…
Courts in Washington divorce cases must make an equitable and just distribution of the couple’s property and liabilities. In some cases where one spouse owes the other, spousal maintenance or alimony may be used to achieve an equitable and just distribution. In a recent case, a husband challenged the award…
Following a Washington automobile accident, a seriously injured person may have to deal with various insurance companies. Although dealing with an insurance company can be difficult, insurers are prohibited from acting in bad faith or engaging in unfair practices. If the insurer does act improperly, the claimant may be able…
Generally, warrantless seizures are unconstitutional unless an exception applies. One such exception is a Terry stop. A defendant recently challenged evidence found in a search after what the state agreed was a Terry stop in a Washington criminal case. A sheriff deputy was dispatched after a 911 call reporting an…
In a Washington divorce case, a disability allowance is treated differently depending on whether it replaces future lost wages or a standard retirement pension. This distinction will determine if the allowance is considered separate or community property. In a recent case, an ex-wife challenged the characterization of her ex-husband’s disability…
In a Washington felony violation of a no-contact order case, the prosecution must prove the existence of the no-contact order and the defendant’s knowledge of it. For a variety of reasons, the defense may not want the jury to see the no-contact order. A recent issue in Washington has been…