Posted on 02/26/2021 4:39:02 PM PST by Uncle Miltie
A growing number of public officials are sounding the alarm over the state Supreme Court's ruling Thursday that simple drug possession can no longer be used as the basis for an arrest in Washington state because it violates the due process clause of the state and U.S. constitutions.
Those officials warn that the court's ruling could have serious unintended consequences, including the possible early release of previously convicted criminals and the discontinuing of drug court-ordered treatment programs for addicts.
King County councilmember Reagan Dunn, a former prosecutor who unsuccessfully ran for state attorney general in 2012, is one of those raising the alarm.
"Hundreds and hundreds, if not thousands and thousands, of violent offenders - murderers, rapists, child molesters - will now be released onto our streets earlier," Dunn said in a prepared statement. He added:
“In my review of the case as a former prosecutor, this ruling is retroactive because the law is described by the Supreme Court as unconstitutional. This ruling will impact cases involving violent offenders, who will need to be re-sentenced because felony drug convictions now cannot count toward their offender score. Therefore, they will very likely receive a lower sentence.
“Additionally, every addict who is currently receiving support for their recovery through a drug court agreement across the state can now be booted from the program. ... The unintended legal ramifications will result in great harm on communities across our state.”
Renton Police Chief J. Schuldt also issued a warning about the court ruling:
"From this point on, officers no longer have the authority to conduct a criminal investigation, effect an arrest, seek a search warrant, or take any other law enforcement action for simple possession of controlled substances. To clarify: simple possession of drugs has now been legalized.
"I wanted you to be aware of the new constraints that our officers must now work under and ask for your understanding. The safety and well-being of our community continues to be our top priority, but as you can imagine this recent ruling will have a dramatic effect on our community.
The Seattle Police Department also has announced it will no longer arrest anyone for simple drug possession, nor will they confiscate drugs from an individual based only on a violation of the simple possession law.
King County Prosecuting Attorney Dan Satterberg said his office is analyzing the impacts and potential retroactive application of the Supreme Court's decision.
He said the ruling could worsen the state's drug overdose crisis, which caused a record number of deaths last year and is on a similar pace so far this year.
Satterberg called on state lawmakers to amend the drug possession statute to correct the problem found by the Supreme Court.
"The Legislature should act with a sense of urgency to add the necessary elements to make this statute constitutional this session, and not leave a defective statute on the books," he said.
The ruling by the state Supreme Court was issued in the case of a Spokane woman who had received a pair of jeans from a friend that had a small bag of methamphetamine in a pocket.
Five justices said in their decision Thursday the state law was unconstitutional because it criminalized her passive, unknowing conduct, in violation of her due process protections. Another justice would have overturned the woman's conviction by interpreting the law as requiring proof that the drugs were possessed intentionally.
“Those officials warn that the court’s ruling could have serious unintended consequences, including the possible early release of previously convicted criminals and the discontinuing of drug court-ordered treatment programs for addicts.”
That’s the Dirty Little Secret that even takes in Conservatives. Basically, ANYONE in jail for weed these days did something far worse, but then pleaded-down.
So now they’ll get sprung. Glad I’m leaving the US, I don’t need those guys threatening me or my family.
“unintended consequences”
LOL
The “War on Drugs” was won a long time ago because its purpose was to steal or freedoms, our wealth, and our ability to have fun. People are people and they are going to do what they are going to do, laws or no laws. Draconian drug laws just give the government more power over everyone by creating a police state. We need to end it.
Release every one of them the judge’s custody, care, and full responsibility.
“The ruling by the state Supreme Court was issued in the case of a Spokane woman who had received a pair of jeans from a friend that had a small bag of methamphetamine in a pocket.”
Blame the dirtbag prosecutor who wanted a scalp more than justice.
If arrest for simple possession of drugs is an unconstitutional infringement on due process, then arrest for simple possession of a firearm, regardless of type, is also an unconstitutional infringement on due process.
I think I like this logic.
They’d best stay out of Idaho.
Good Point
“People are people and they are going to do what they are going to do, laws or no laws. “
But hey, at least we still got some freedoms. Abortion is legal.
Next we need to get rid of those police state laws about drunk driving. Speed limits too. As you say, we should have the “ability to have fun”
The State Supreme Court is ON DRUGS ,LOL
Tweekers lie, as much as democrats.
Making a hyperbolic statement like that does nothing to advance the conversation. You owe the tweekers in America an apology
well we’ve seen what happens when lazy entitled people sit around and do too much drugs in the North West. CHAZ/CHOP happens.
“Blame the dirtbag prosecutor who wanted a scalp more than justice.”
You hit the nail on the head. We have a big prosecutor problem in the US. Half of them want to carve notches in their guns. The other half see their positions as a tool to further their communist goals. None of them care about justice.
If I can land a 747 on one stretch of speed trapped highway and not a sole in sight passing a semi with skids stacked to the moon and get a hundred plus dollar fine something ain’t right. You can continue to be a Moron. I live near a road now patrolled by the state patrol, Sheriff, and Ohio department of natural resources, all determined that I don’t go over 42 miles and hour. Get a clue, we’re living in a police state. The war on drugs has turned into a war on Old MF’ers like me. Worst pain in my whole life from a case of Gout, Not even an aspirin for this old mf’er. I get it, you should too.
Thank you, that’s the truth of it right there. This has enabled the police state.
I have come to understand judges are simply dirt bag lawyers who got promoted for being the best dirt bags.
Sounds like that individual conviction should have been overturned...makes no sense to got his far with it.
There were 4 tweekers manufacturing and selling to the local kids around here.
Their cooking trailer was up on the East Fork, the local Sheriff at the time wouldn’t do anything about it (probably getting a cut of the profits).
About 4 months after the complaints about the drug dealers started and no police action, the matter was handled by other means.
Two of the dealers were found floating face down in the river, two were found burned beyond recognition in the burnt out trailer, and one was found outside the trailer with several large caliber holes in his body.
They no longer had to worry about jail time for possession of illegal drugs, and we no longer had to worry about drug dealers!
The person or persons who may or may not have committed this terrible act have never been discovered, and around here they NEVER WILL BE.
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