Common Reasons Cases Dismissed & Lost at Trial
Discover the most common reasons cases are dismissed or evidence is suppressed, such as issues with informant reliability, Terry/CrRLJ violations, search incidents to arrest, and right to counsel violations. Additionally, learn about the critical aspect of credibility in why a case may be lost at trial.
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Presentation Transcript
DEFENSE PERSPECTIVE Bill Bowman 810 Third Avenue, Suite 500 Seattle, Washington 98104 (206) 622-8000
Most Common Reasons Cases Dismissed/Evidence Suppressed
Most Common Reasons Cases Dismissed/Evidence Suppressed: #1 Unidentified/Identified Third Party Informant Can rely on information from third party if sufficient indicia of reliability : Informant is reliable; or Sufficient factual basis; AND Corroboration SOLUTION: Ask Dispatch for as much information as possible Be patient Good things will come
Most Common Reasons Cases Dismissed/Evidence Suppressed: #2 Exceeding Scope of Terry/CrRLJ 3.1 Violation Initial Seizure Reasonable Suspicion Investigative Detention Confirm or Dispel Suspicion Arrest Probable Cause CrRJL 3.1 Right to Lawyer Shall Accrue As Soon as Feasible After Arrest As Soon As Feasible Means Immediately SOLUTION: Advise of Right to Counsel At Time Suspicion Confirmed
Most Common Reasons Cases Dismissed/Evidence Suppressed: #3 Search Incident to Arrest Police may search a car incident to arrest only if: The defendant is within reaching distances of the passenger compartment at the time of the search; or Iit s reasonable to believe that the car contains evidence of a crime. Arizona v. Gant No Inevitable Discovery Doctrine in Washington SOLUTION: Only conduct search in exigent circumstances Mandatory Impound Law
Most Common Reasons Cases Dismissed/Evidence Suppressed: # 4 Right to Counsel Violation When defendant invokes right to counsel, not subject to further interrogation unless: He initiates further questioning himself; or Counsel has been made available to him Edwards v. Arizona Made available means actually present (telephone not enough) Minnick v. Mississippi Different than Invocation of Right to Remain Silent SOLUTION: Once invoke right to counsel Stop Interrogation
Most Common Reason A Case Is Lost At Trial CREDIBILITY
CREDIBILITY Testimony Demeanor is Everything
CREDIBILITY Fundamental Fairness Give Defendant Opportunity to Succeed Video: Proper Working Order; Consistent With Report; Captures ENTIRE contact
CREDIBILITY Competence Police Reports: Thorough and Complete Accurate Template
Recent Trends to Attack Credibility Disciplinary Records Facebook/Social Media
WHY DONT DRE CASES GO TO TRIAL? Nature of the Cases Using AND possessing drugs Using drugs AND alcohol
WHY DONT DRE CASES GO TO TRIAL? NATURE OF DEFENDANTS Illegal Drugs Significant History Public Defender Prescription Drugs No History Private Counsel
WHY DONT DRE CASES GO TO TRIAL? RELUCTANCE TO PROSECUTE Intimidated by DRE Evidence Blood Admissibility Issues Technical and Scientific Challenges Lack of Impairment Quantification
