Drug Cases

Often the best defense to a drug charge is a good offense.  Article I, Section 7 of the Washington State Constitution states that “no person shall be disturbed in his private affairs, or his home invaded, without authority of law.”  Our Supreme Court has repeatedly held that this protection against government power is broader than the search and seizure protections contained in the Fourth Amendment of our Federal Constitution.  You need a skilled attorney with knowledge of the nuances of search and seizure law to give you the full benefit of our Constitution’s protections.  Seattle criminal defense lawyer David Hammerstad has won multiple motions to suppress evidence which have resulted in the dismissal of charges against his clients.

Testimonials

Often the best defense to a drug charge is a good offense. I have won multiple motions to suppress evidence which have resulted in the dismissal of charges against my clients. Below are a few examples.

  • Dismissal.  Possession of Methamphetamine.
    State of Washington v. R.B. I persuaded the judge that the police officer’s search of my client exceeded its legal scope.  The State subsequently dismissed for lack of evidence.
     
  • Dismissal.  Possession of Heroin.
    State of Washington v. L.S.  I was able to persuade the judge that the police officer lacked probable cause to stop and search my client.  The charge was dismissed. 
     
  • Dismissal, Possession of Cocaine.
    State of Washington v. L.H. I persuaded a judge that the police officer lacked reasonable suspicion to stop my client and the subsequent search was illegal.  The State dismissed for lack of evidence.
     
  • Misdemeanor Reduction.  Delivery of Cocaine.
    State of Washington v. T.D.  The State folded mid-trial and offered a misdemeanor reduction to attempted possession after I cross-examined the Detective who handled the Confidential Informant and cast doubt on his credibility and raised questions about the true identity of the informant
     
  • Misdemeanor Reduction.  Possession of Marijuana with Intent to Distribute.
    State of Washington v. D.H..  The State offered a misdemeanor reduction after I filed a suppression motion challenging the warrantless “protective sweep” that yielded incriminating evidence.
     
  • Dismissal. Delivery of Cocaine.
    State of Washington v. L.W. I persuaded a judge to grant my pretrial motion to dismiss for insufficient evidence that client participated in delivery.

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State v. Mayer: A Cop’s Misleading Explanation of Miranda

In a case where the defendant, Nicholas Mayer, was accused and convicted of ten criminal counts after robbing a teriyaki restaurant at gunpoint, the Washington State Supreme Court had to decide whether Mayer adequately waived his Miranda rights (derived from the Fifth Amendment), and furthermore, whether that improper Miranda would have mattered when the evidence was stacked against the defendant.

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