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How The Seattle Police Department Will Enforce Marijuana Laws

How The Seattle Police Department Will Enforce Marijuana Laws

In less than a month, on December 6th 2013, it will be legal in Washington State for an individual to possess and smoke marijuana.  Any individual age 21 or older may legally carry up to an ounce of marijuana (or 16 ounces of solid marijuana-infused product, like cookies, or 72 ounces of infused liquid, like oil) for personal use.  And with these news laws coming into effect soon, it is important to know how Seattle police along with other city police officers will enforce these laws.

The Seattle Police Department has a blog article, “Marijawhatnow? A Guide To Marijuana Use” describes the police departments understanding of initiative I-502 and the measures that will be taken by law enforcement to uphold these laws.  The article was written in question and answer form which makes it easy to understand in everyday applications.

Here are some of the key highlights you should know to avoid being arrested by police:

Can I legally carry around an ounce of marijuana?

According to the recently passed initiative, beginning December 6th, adults over the age of 21 will be able to carry up to an ounce of marijuana for personal use. Please note that the initiative says it “is unlawful to open a package containing marijuana…in view of the general public,” so there’s that. Also, you probably shouldn’t bring pot with you to the federal courthouse (or any other federal property).

Can I grow marijuana in my home and sell it to my friends, family, and co-workers?

Not right now. In the future, under state law, you may be able to get a license to grow or sell marijuana.

Can I smoke pot outside my home? Like at a park, magic show, or the Bite of Seattle?

Much like having an open container of alcohol in public, doing so could result in a civil infraction—like a ticket—but not arrest. You can certainly use marijuana in the privacy of your own home. Additionally, if smoking a cigarette isn’t allowed where you are (say, inside an apartment building or flammable chemical factory), smoking marijuana isn’t allowed there either.

What happens if I get pulled over and an officer thinks I’ve been smoking pot?

If an officer believes you’re DUI (driving under the influence) of anything, they will conduct a field sobriety test and may consult with a drug recognition expert. If officers establish probable cause, they will bring you to a precinct and ask your permission to draw your blood for testing. If officers have reason to believe you’re under the influence of something, they can get a warrant for a blood draw from a judge. If you’re in a serious accident, then a blood draw will be mandatory.

What happens if I get pulled over and I’m sober, but an officer or his K9 buddy smells the ounce of Super Skunk I’ve got in my trunk?

Under state law, officers have to develop probable cause to search a closed or locked container. Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle. If officers have information that you’re trafficking, producing or delivering marijuana in violation of state law, they can get a warrant to search your vehicle.

SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?

No.

Will SPD assist federal law enforcement in investigations of marijuana users or marijuana-related businesses, that are allowed under I-502?

No. Officers and detectives will not participate in an investigation of anything that’s not prohibited by state law.

I’m under 21. What happens if I get caught smoking pot?

It’s a violation of state law. It may be referred to prosecutors, just like if you were a minor in possession of alcohol.

If you have any further questions pertaining to the new marijuana laws or have been recently arrested for possession of marijuana or DUI of marijuana contact our criminal defense attorneys at David O Defense 206-459-6392 today.

The above Q&A’s were derived from the article “Marijawhatnow? A Guide To Marijuana Use” was written by Jonah Spangenthal-Lee, and can be found on spdblotter.seattle.gov.
 

 

Seattle Seahawk Marshawn Lynch: DUI Case Dismissal Denied

Seattle Seahawk Marshawn Lynch: DUI Case Dismissal Denied

This past Friday, Seattle Seahawk running back, Marshawn Terrell Lynch, was denied by California Judge, Yolanda Northridge, to dismiss his 2012 DUI charge.  Lynch’s DUI attorney also made a motion to suppress evidence during the same court appearance but Judge Northridge also declined the motion.

Marshawn Lynch, aka “Beast Mode”, has been fighting this DUI charge since the Summer of 2012.  He was pulled over by the California Sate Patrol early morning on July 14th for erratically driving in and out of lanes.  According to state patrol officers, Lynch was behind the wheel of a white Ford van and almost side-swiped two other cars while traveling on Interstate 808.  The state patrol officers suspected Lynch had been drinking and began investigating him for possible DUI (driving under the influence).

Allegedly, the power house football player failed the DUI sobriety tests.  He was arrested and taken to the Alameda County Sheriff Department’s North County Jail in Oakland where he submitted to a breath test, which of course came up positive and was over the legal limit of .08.  Official charges of DUI were filed against Lynch on July 18th and he and his DUI defense lawyer plead not guilty to those charges in August 2012.

Beast Mode has been fighting his DUI charge for over a year now and will continue to do so, since Judge Northridge denied his DUI dismissal.  As of now he has a jury trial date set for December 27th, just two days before the Seahawks final regular season game against the Rams on December 29th.  Lynch’s DUI lawyer plans on continuing the case into the new year so court dates won’t interfere with critical football games.

We will keep you updated on Marshawn Lynch’s DUI trial and case outcome.  We will also keep you posted on NFL Commissioner Roger Goodell’s reactions to the case results.  If found guilty, Lynch may face harsh NFL punishments especially since he will be a repeat offender in the eyes of Goodell.  Over three years ago, Goodell suspended Lynch for three games due to a misdemeanor weapons conviction.  Since then, Marshawn Lynch has stayed out of trouble except for this 2012 DUI charge.

Good Luck Beast Mode with your DUI case, and Go Hawks!

 

Written by S.O

“What Not To Wear To Court” – Advice From Defense Attorney David O

“What Not To Wear To Court” – Advice From Defense Attorney David O

Often times I am shocked when I show up to court and see a room full of inappropriately dressed people.  I think to myself, “Is this REALLY how someone wants to present themselves to a judge who is going to determine their case issues of law and possible penalties at the sentencing phase of the criminal case?”

About 2 years ago, I represented a client who was charged with DUI based on smoking marijuana.  God bless my DUI client, she loved to smoke weed but I couldn’t believe she wore a Bob Marley blunt smoking shirt to our court appearance.  You don’t need to be dressed like you are going to a funeral but you shouldn’t wear a T-shirt displaying the crime you’ve been accused of.

Another instance of what not to wear; I was in Seattle Municipal Court and noticed a young lady who was charged with prostitution.  I’m not one to judge a person’s appearance but if you are facing a charge of prostitution you probably shouldn’t come to court looking like you just got off “work.”  If you are charged with prostitution or any other criminal charge for that matter you should not wear a mini skirt, 5 inch heels and a v-neck tee barely supporting your large chest.

Another fun what not to wear sighting came out of Lynnwood Municipal Court where I observed a defense attorney dressed like he just came straight to court from an all night out of drinking.  Although he was dressed in a suit, it looked as if it had not been dry cleaned since he bought it in 1993.  It smelled like it hadn’t been cleaned since then either.  This defense attorney’s shirt was so wrinkled it looked like he was wearing it while demonstrating how to stop drop and roll as if his clothes had been on fire.  Again, you don’t need to dress like you are going to the Emmy’s but come on…criminal defense attorneys should dress as if they really care about their client’s case.

In a nut shell, here’s WHAT NOT TO WEAR to court;

  • a tank top or short shorts
  • a baseball cap, hat, or doo rag
  • short skirts or short dresses
  • T-shirts with inappropriate graphics
  • flip-flops or slippers
  • soiled or stinky clothes
  • ripped or torn clothes

When going to court you should dress as if you were attending church or meeting your significant other’s parents for the first time.  You don’t necessarily need to wear a new suit but you want to look like you respect the court system and you respect yourself.