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Thread: Illegal to arrest for drug possession in WA state

  1. #1
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    Illegal to arrest for drug possession in WA state

    I never thought I would be told this, but currently we are not to arrest for drug possession as the prosecutor works out exactly what this means. I guess the, "These aren't my pants" is now an affirmative defense.

    https://policetribune.com/washington...lNKqmrtVDvZNtE

  2. #2
    Site Supporter Totem Polar's Avatar
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    ”But in the end all of these ideas just manufacture new criminals when the problem isn't a lack of criminals.” -JRB

  3. #3
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    Quote Originally Posted by rathos View Post
    I never thought I would be told this, but currently we are not to arrest for drug possession as the prosecutor works out exactly what this means. I guess the, "These aren't my pants" is now an affirmative defense.

    https://policetribune.com/washington...lNKqmrtVDvZNtE
    Out of curiosity, was anybody who was arrested for small amounts like this catching anything but another charge a prosecutor was likely to plea down or not prosecute anyways? Especially in the last year with ”covid” prisoner releases and what not how much will this actually change things?
    im strong, i can run faster than train

  4. #4
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    To be honest I never really followed up. I find it pretty disheartening when I hear what gets thrown out and not prosecuted. Hook em, book em, write the report, maybe testify and call it a day.

    Quote Originally Posted by Caballoflaco View Post
    Out of curiosity, was anybody who was arrested for small amounts like this catching anything but another charge a prosecutor was likely to plea down or not prosecute anyways? Especially in the last year with ”covid” prisoner releases and what not how much will this actually change things?

  5. #5
    Is simple possession a strict liability offense in Washington? The article makes it seem that way. My state has "knowingly and intentionally" in the elements.

  6. #6
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    I believe that is what the "smart" court folks said would need to be added to the law by the state legislature.

    Quote Originally Posted by DaBigBR View Post
    Is simple possession a strict liability offense in Washington? The article makes it seem that way. My state has "knowingly and intentionally" in the elements.

  7. #7
    George Soros's vision.....

  8. #8
    Quote Originally Posted by rathos View Post
    I believe that is what the "smart" court folks said would need to be added to the law by the state legislature.
    It is. Presumably without an intent element, you would have an absolute/strict liability offense. I think that's obviously problematic. Knowledge and intent SHOULD be elements.

  9. #9
    Abducted by Aliens Borderland's Avatar
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    Is not everyone aware that the city of Seattle (King County) provides needle exchange to drug addicts so as not to spread blood born disease?

    https://www.kingcounty.gov/depts/hea...-exchange.aspx

    Seems odd that you would be arresting people for drug possession when you encourage drug use.

    Now the state SC backs that up. Just let the druggies alone. They have their own demons to conquer.

    I know a person who is addicted. She gets a lot of support from her parents because they have millions. If they weren't there she would be dead or in prison. I also knew another person who is dead from addiction. No family bottomless resources.

    I get it. It's a problem that can't be fixed by throwing people who use in jail.

    Full disclosure. I don't use any substance prohibited by federal law. I fill out my 4473's honestly.

    I see this as a social problem that we all will have to deal with sooner or later. If I can see it, most everyone else should be able to see it. Like the virus that just killed a half a million people.
    Last edited by Borderland; 03-07-2021 at 09:52 PM.
    In the P-F basket of deplorables.

  10. #10
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    I've long said that if America wants to legalize drugs, they should be legalized. They shouldn't be sort of legalized or somewhat decriminalized. Why should law enforcement be concerned about something no one else is concerned about? We could argue if law enforcement uses drug laws to discriminate against black or Latino people, but why bother? I don't think we do as a profession, but why risk the accusation?

    My caveat to this is that cops shouldn't be expected to handle the predictable results of drug legalization. Marijuana smoke is drifting through the HVAC system and causing a headache or perhaps giving you a contact high? Call the apartment manager. Kids walking into the woods and you think they might be smoking weed? Hey, not really our problem. It could be crack or meth and maybe those aren't legal yet, but is having the beat car and a back-up unit walk the woods worthwhile? Not in my mind.

    Of course, we will still have issues. If a traffic violator tells an officer he has a gun on his person, disregards commands not to reach whatever he is reaching for (be it gun or gun permit) and gets lit up by police, we'll have from flak from that, especially if the violator is from a protected race or ethnicity. The media and Democratic Party will not consider that a violator whose mind is routinely baked on marijuana should not be carrying a weapon or even driving will be disregarded.

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