Important legal update regarding DUI search warrant for blood

DUI: A warrant authorizing testing of a blood sample for intoxicants does not require separate findings of PC for drugs and for alcohol so long as there is PC to suspect intoxication caused by alcohol, drugs or a combination of both. 

DUI: A search warrant authorizing a blood draw authorizes testing of the blood for intoxicants.

St v. Martines, ___ Wn.2d ___ (No. 90926-1)(Aug. 27, 2015)(En Banc)

Following an arrest for DUI, a WSP Trooper obtained a search warrant to draw Mr. Martines’ blood.   The warrant did not include express authorization to test the blood sample.  Mr. Martines argue the State lacked PC to test for the presence of drugs in his blood and that the warrant was insufficient to permit testing of the blood because it did not specifically authorize blood testing.

HELD: A warrant authorizing a blood draw necessarily authorizes the blood testing consistent with and confined to the finding of probable cause. A warrant authorizing the testing of a blood sample for intoxicants does not require separate findings of PC for drugs and for alcohol so long as there is PC to suspect intoxication caused by alcohol, drugs or a combination of both. 

Missing, Endangered and Armed

Intravaia is currently working a missing person's case in Seattle involving Shimeld, AARON M. whom just turned 25 in September.  Aaron also goes by the last name: Arnett.  His Height is

6-03, 150-160 pounds, blue eyes, brownish red hair with a full beard.  Aaron resides down town Seattle and was seen leaving his apartment on 09/22/15.  

On 09/22/15, the last known location for him was the West Coast Armory in Bellevue, where he practiced firing his hand gun, and purchased a annual membership.  Aaron works at Rocky Mountain Chocolate Factory, Seattle.  His girlfriend is eight months pregnant.  Aaron doesn't own a car and uses public transportation.  He doesn't own a cell phone.  His mother and father filed a missing person's report with the Seattle Missing Person Unit, and the I/O is Detective Tonya Kinnie 206-684-5582 Or 206-233-2016 Case Number 2015-336970.  Aaron is considered missing, endangered and armed.  There has been no activity on his credit/debit or financial history.  His October rent payment is due and he has never been late in making a payment.  Nor has he ever been late to work.

Aaron's parents reside out of state and he comes from a large hard working close knit family.  Aaron is an extremely talented folk singer, song writer and percussion guitar player.  He is also an avid outdoors-man - hiker.  He frequents Mt. Sai and Mt. Summit. 

False Hopes for Restitution

http://www.komonews.com/news/investigations/More-than-a-third-of-crime-victims-will-never-get-full-restitution-326523041.html

This is a story we assisted one of the best investigative reporters with, Jeff Burnside.

Skagit County Public Defender's Office

Intravaia is very pleased to be conducting investigative work for the Skagit County Public Defender's Office conducting services for indigents charged with criminal offenses, juveniles charged with criminal offenses, At-Risk juveniles, indigent parents in child dependency cases, and respondents in mental health proceedings.

http://www.skagitcounty.net/Depart…/PublicDefender/main.htm

Personal cellphone used to conduct employee's official duties

Text messages sent and received from the personal cell phone of a public employee in the employee’s official capacity are public records of the employer and subject to the PRA.

Nissen v Pierce Co, ___ Wn.2d ___ (No.  90875-3)(Aug. 27, 2015)

Glenda Nissen, a sheriff’s detective, sent a public records request for text messages sent from a personal cell phone by Mark Lindquist, the Pierce County Prosecutor. Held, if text messages are sent and received on the personal cell phone of a public employee but they are sent/ and eceived in the employee’s official capacity they are public records of the employer and subject to the PRA.

Vietnam Veterans Memorial Fund website

http://vvmf.org/items/

Items Left at The Wall - The Virtual Collection

Since the Vietnam Veterans Memorial (The Wall) was dedicated in November 1982, more than 400,000 items have been left by visitors as remembrances and tributes. The National Park Service collects, catalogs, and preserves these objects as part of the Vietnam Veterans Memorial collection, with curatorial support from the Vietnam Veterans Memorial Fund.

These are the curatorial records of a small portion of the items that have been left at The Wall over the years, but this is the largest collection of items left at The Wall ever made available to the public. Once the Education Center is funded and constructed, approximately 4,000-6,000 items will be on public display.

- See more at: http://vvmf.org/items/#sthash.e4Cz0QPq.dpuf

Kerri Kasem visit to Seattle

http://www.komonews.com/news/local/Daughter-of-Casey-Kasem-breaks-her-silence-about-dads-death-320832971.html

We attended the 2015 National Legislative Summit in Seattle. It is the nation's largest gathering of legislators and legislative staff. I got to discuss the need for WA State to have a Police & Fire Commission to oversee agencies. 

http://www.ncsl.org/meetings-tra…/legislative-summit-15.aspx