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Court Finds Search Improper…Even with a Warrant

Posted Tuesday, October 20, 2015 by Andrew Charles Huff

Our Court of Appeals (Division Three) suppressed drugs found in a suspects closed container even after police obtained a search warrant. When a search warrant is executed, the rules require an inventory of the contents be made and done in the presence of a second officer. In State of Washington v. Aaron Linder, the Court found that because these procedures were not followed, all contraband must be suppressed.

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Hope Solo is Back in Court

Posted Friday, October 16, 2015 by Andrew Charles Huff

An appeals court has overturned the judge’s dismissal of an assault charge naming soccer star Hope Solo. Solo was charged with assaulting a family member in Kirkland in 2014. After numerous and unsuccessful attempts to speak with witnesses, the judge dismissed the case. However, that decision was appealed by the Kirkland Prosecuting Attorney’s Office and the appellate court found in favor of the City. The appellate court’s decision is now expected to be appealed by Solo.

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DUI Arrest-The Impact on Driving

Posted Tuesday, October 13, 2015 by Andrew Charles Huff

As a DUI attorney, I know the potential impact on your employment if convicted or even charged with a DUI. Most people need to drive to get to work, school, errands, or just visiting friends. If you are arrested for a DUI, you face two potential license actions: (1) an administrative suspension by the Department of Licensing and (2) by court action if you are subsequently convicted of DUI .

Most drivers are eligible for an ignition interlock license that will allow you to drive during your suspension period if your vehicle is equipped with an ignition interlock device and have an “SR22” insurance policy.

One exception to the ignition interlock device requirement is for vehicles owned, leased or rented by a person’s employer and driven at the direction of the employer as a requirement of employment during working hours. However, this exception does not apply to those renting vehicles for work purposes when travelling on business or a real estate agent driving his/her personal vehicle to show houses to a client.

Another issue clients can face is renting a vehicle when traveling for work due to the hole punched in your license by the arresting officer. Remember, when arrested for DUI with a breath test of .08 or higher or a refusal, the department of licensing issues a license suspension or revocation that becomes effective 60 days later. The hole punched in your license signifies that your license will expire (and be suspended or revoked) effective 60 days after the arrest. Although your privilege to drive remains valid during this 60 day period, this hole makes the license look invalid and car rental companies may choose not to rent vehicles to such individuals. This can be quite an unpleasant surprise to the unsuspecting business traveler who has been arrested for DUI (not convicted or charged) and whose license has a hole punched in it.

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Yoga Moves Can’t be Copyrighted, says Court

Posted Friday, October 9, 2015 by Andrew Charles Huff

A federal appeals court decided this week that Yoga poses may not receive copyright protection. The case was brought by Bikram Choudhury, an Indian yoga guru who popularized “hot yoga” in the U.S. He argued that a yoga studio violated his copyright to a sequence of poses and two breathing exercises he developed and described in a 1979 book. However, the 9th US Circuit Court of Appeals said yoga poses are not protected by copyright law.

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Debate Competition: Inmates v. Harvard? Inmates Win!

Posted Wednesday, October 7, 2015 by Andrew Charles Huff

Inmates from the Eastern New York Correctional Facility recently defeated the prestigious Harvard debate team as part of the Bard Prison Initiative, a program run by Bard College to provide college education to qualifying prisoners.

But this isn’t the first victory for these inmates. The prison debate club previously defeated a nationally ranked team from the University of Vermont as well as the U.S. Military Academy in West Point, New York.

Then, the prison club invited the Harvard College Debating Union to a match and took the honors.

In the match with Harvard, inmates had to defend a point of view with which they fiercely disagreed, a common practice in debate competition.

The Harvard club seemed to take the loss gracefully.

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