Law

Stories about law and politics in the Pacific Northwest, with many from KPLU's Law and Justice reporter, Paula Wissel.

Cacophony / Wikimedia Commons

You’ve heard of your Miranda rights, but did you know that most state constitutions also give you a right to a bail bondsman?

In a unanimous ruling Thursday, the Washington Supreme Court affirmed that criminal defendants can go to a third-party, like a bondsman, who will put up bail for a fee.

Courtesy of the Ransdell family.

These days, you can often find contract firefighters on the front lines. They’re usually indistinguishable from government firefighters.

But a recent court ruling has made it clear: if they’re killed in the line of duty, their families are not eligible for federal survivor benefits.

Provided by Zach Featherstone

A Northwest medical school has been ordered to reinstate a deaf student who took the school to court after it wouldn't let him begin classes.

As KPLU reported last month, Zachary Featherstone sued Pacific Northwest University of Health Sciences in Yakima after it admitted him, then wouldn’t let him attend. The university said his admission might harm the training of other students and put patients at risk.

Kootenai County Sheriff's Office

In north Idaho, a 15-year-old boy sits in an isolated jail cell awaiting trial for murder. Eldon Samuel III is accused of shooting to death his father and younger brother in March

Juveniles accused of crimes like this are automatically charged as adults in Idaho. But now, Samuel’s lawyer and the ACLU are trying to get him moved out of solitary confinement at the adult county jail. They say his isolation amounts to “cruel and unusual” punishment.

Flickr

Of the 82 tickets Seattle police officers issued for public marijuana use in the first six months of this year, 38 of them — nearly half — went to people who were probably homeless.

For Seattle City Council member Nick Licata, that raises a question: Don't the economically-distressed need a place to go to smoke pot legally, without doing so in public?

"What we don't want to create is a situation where we literally are giving citations away to people that are going to end up having their record affected for engaging in activity that otherwise would be legal, except that it's just done outside," Licata said.

While marijuana is legal in Washington, it remains illegal under federal law.

So a recent encounter in front of the Federal Bureau of Investigation offices in Seattle proved a little awkward for the new special agent in charge of the Seattle division.

A judge in Bellingham has ordered the state of Washington to do more to locate foster children who run away.

A Washington man whose loaded gun went off in a school backpack, critically injuring a student can’t be charged with third-degree assault, Washington state Supreme Court ruled Thursday.

The split decision stems from a high-profile case in 2012 in Bremerton.

Natalie Wilkie / Flickr

The federal monitor charged with overseeing reform of the Seattle Police Department says there’s finally reason for optimism.

“The glass is now looking half full to me rather than half empty,” Merrick Bobb said during a briefing before the Seattle City Council Public Safety Committee Wednesday.

Justin Steyer / KPLU

In just a few years, Washington will need another 1,000 prison beds. There’s been talk of building a new state lock-up, but that would cost hundreds of millions of dollars at a time when the Supreme Court has said school funding must be the priority.

So what’s the solution? Washington could release some older inmates who are serving long sentences. But lawmakers are wary of a political backlash. The state abolished parole in the 1980s.

That leaves clemency as the remaining pressure-relief valve on the prison system. And that system of mercy may not be up to the task.

Elaine Thompson / AP Photo

Support for a gun rights measure on Washington’s fall ballot is flagging, according to a new Elway poll released Tuesday. Meanwhile, a dueling measure that would expand background checks remains popular.

AP Photo/Transportation Security Administration

Should the constitutional right to bear arms include the right to carry a knife in public? That was the question addressed in a recent Washington state court decision.

The case highlights a growing movement advocating the right to carry knives.

Police in Washington can “stop and frisk” individuals they have specific reason to believe may be armed. But if that search goes beyond a “brief and nonintrusive” search, then it’s unconstitutional, according to a finding by the Washington Supreme Court Thursday.

Mark Lennihan / AP Photo

The Federal Trade Commission is suing Amazon over charges that the company has not done enough to prevent children from making millions of dollars in unauthorized in-app purchases, according to a complaint filed Thursday in federal court.

Snapshots: Who Waited In Line To Buy Marijuana, And Why

Jul 8, 2014
Malcolm Griffes / KPLU

Approximately two hundred people waited in line to buy weed at Cannabis City, the first recreational marijuana store to open in Seattle. So we asked them: Why wait in line?

Ted S. Warren / AP Photo

The first legal sales of recreational marijuana in Washington state have begun.

Eager customers bought pot at 8 a.m. at Bellingham's Top Shelf Cannabis, one of two stores in the city north of Seattle that started selling marijuana as soon as was allowed under state regulations.

Austin Jenkins

The first legal marijuana stores in Washington are scheduled to open Tuesday. The Liquor Control Board issued the first 24 retail licenses early Monday.

But state officials warn of high prices and short supply in the beginning. Even so that’s not keeping away some would-be customers.

Map by Malcolm Griffes

Twenty four retailers around Washington state received a special email today, giving them official approval to open their doors and start selling marijuana. The licenses clear the way for the state’s first recreational pot shops to open sometime Tuesday.

Brennan Linsley / AP Photo

Washington’s Liquor Control Board plans to issue about 20 marijuana retail licenses next Monday, and the first pot stores could open the next day following a 24-hour waiting period.

But the state cautions many stores may not be ready yet for customers and marijuana could be in short supply.

Elaine Thompson / AP Photo

The U.S. Bureau of Indian Affairs wants to rewrite the rules that determine how a tribe becomes officially recognized in the eyes of the feds. The proposal raises hopes for status and federal benefits among some unrecognized tribes in the West.

The bid to streamline and simplify the process of tribal recognition encourages leaders of native groups and bands currently frozen out of federal programs. But they have to contend with existing tribes who fear having to share territory, resources or casino customers.

Elaine Thompson / AP Photo

More than 3,000 same-sex couples can say Monday, June 3was their wedding day in Washington. The marriages came not through ceremonies, but by paperwork for people in domestic partnerships.

The U.S. Supreme Court ruling on home health care workers in Illinois in the case of Harris v. Quinn could have an effect on the people who work in home care here in Washington state.

The high court ruled that home health aides in Illinois, who are covered by a collective bargaining agreement, cannot be required to pay union dues or fees, even though other public employees are.

AeroVironment / AP Photo

Imagine looking out your window to see a drone hovering outside. That happened earlier this month to a partially-dressed Seattle women who was startled and outraged.

That incident came up Monday as a Washington state task force convened for the first time to develop privacy rules for drones — something Oregon and Idaho have already done. The task force quickly narrowed its focus to use of drones by government agencies.

Courtesy of Zachary Featherstone.

A man who was admitted to the Pacific Northwest University of Health Sciences in Yakima, only to be told it couldn't make special accommodations for his disability, is suing the school claiming discrimination. 

Jessica Robinson

Abortion services providers say the Supreme Court’s ruling on a 35-foot “buffer zones”around Massachusetts clinics won’t have much effect in the Northwest.

Neither Washington, Oregon nor Idaho has the kind of law that the high court deemed unconstitutional. Clinics in the region rely on other measures aimed at protesters.

UpstateNYer / Flickr

In a noteworthy decision issued Thursday, the U.S. Supreme Court narrowed the president's power to make recess appointments when the Senate is not in session. 

The unanimous decision held that three appointments President Obama made to the National Labor Relations Board in 2012 were invalid because the Senate was not technically in recess. The ruling stemmed from a labor dispute in Yakima, Washington.

The U.S. Supreme Court ruled unanimously Wednesday that unless police have a warrant, they generally cannot search data on a cellphone seized from someone who has been arrested.

The decision is seen as a sweeping win for privacy advocates.

"Modern cell phones are not just another technological convenience," Chief Justice John Roberts wrote. "With all they contain and all they may reveal, they hold for many Americans 'the privacies of life.'

Rick Bowmer / AP Photo

A federal judge in Portland on Tuesday ordered the U.S. Department of Justice and the FBI to come up with new rules for the government's no-fly list. The court found travelers labeled as potential terrorists had been deprived of their constitutional rights to due process.

Elaine Thompson / AP Photo

The man charged with killing one student and seriously wounding two others on the campus of Seattle Pacific University on June 5 has pleaded not guilty.

On Monday attorneys for Aaron Rey Ybarra, 26, filed a notice of intent to pursue a not guilty by reason of insanity defense. The move doesn't mean they will go that route, just that they may use an insanity defense.

Provided by Kate Pflaumer

Editor's Note: “Senior Thesis” is a special week-long series that brings together venerable veterans in various fields with university students hoping to forge a career in the same field.

At first glance, you might think a former U.S. attorney and a man who once sued the government for spying on him wouldn’t agree on much.

But Kate Pflaumer, U.S. attorney for western Washington during the Clinton administration, and Philip Chinn, a recent graduate of Seattle University School of Law, share a passion for trial work and more.

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