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April 2014 Archives

Is your cell phone privacy protected against Government searches?

Tomorrow, the United States Supreme Court will hear oral argument in two related cases, Riley v. California, and United States v. Wurie , that will decide an issue of vital importance to anyone who owns a cell phone who values their privacy. The court will decide whether the police can both seize a cell phone when its owner is arrested, and search its contents, all without seeking a search warrant.

Can drivers stopped for DUI refuse to do Roadside Tests?

The answer to this question used to be an easy, "Yes!" But a recent Washington Court of Appeals decision tells us that drivers who refuse to perform "voluntary" roadside tests at the request of an officer will find the exercise of their rights  will be used against them in court in a prosecution for DUI.

The End of Medical Marijuana in Washington?

In the wake of news that the first recreational marijuana licenses had been granted, and before the upcoming lottery for retail licenses, come two important Court of Appeals decisions interpreting the medical marijuana laws (MUCA, short for Medical Use of Cannabis Act, RCW 69.51A).

Is Privacy Dead in Washington State?

In the age of Facebook, where people post the most interesting (and potentially embarrassing) things about themselves, are people really concerned about their right to privacy?  In Washington, our state constitution has a very explicit protection of the right to privacy: