Legal Question in Criminal Law in Washington

Police get a search warrant for a stolen computer located by anti-theft software at a specific address. The spyware allowed several hundred photos to be taken of the "suspects" as well. In addition to the computer, methamphetamine and anything related to the packaging, sale, etc. was also included on the warrant. This was because of photos taken through the webcam showed the "suspects" holding what appeared to be a "meth water pipe" when the anti-theft software was activated. Those pictures were given to the police along with the ip address showing the geographic location of the computer. With this information a warrant was issued and executed. When the warrant was served, no one was at the residence. The computer was recovered and approximately 2 oz. (58g) of methamphetamine was found in a closet. This was 5/05/2011. There still have been no charges filed on this case. **additionally the residence where the warrant was served was also where the occupant had a prior arrest for possession on 2/25/2011 $43,000 was seized as well. The 2/25/2011 case is currently still pending. In this case, the events of 5/5/2011 are being used as leverage; any plea agreement would include a plea to attempt to possess (unranked felony in WA state) for the incident on 5/5/2011 even though no charges have been formally filed.


Asked on 1/12/12, 10:49 am

1 Answer from Attorneys
Stan Glisson Glisson & Morris

Sounds about right. Certainly the prosecution is going to use the new set of facts against the defendant in the older case. That usually has a benefit to the defendant, as opposed to having been convicted and sentenced and then right afterward being charged with a new crime. In that situtation, the defendant would have nothing to bargain with.

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Answered on 1/12/12, 10:59 am


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