Friday, March 26, 2010

Then don't take me to jail . . .

Thanks to How Appealing and Sentencing Law and Policy for highlighting State v. Eaton, a Washington Supreme Court case on whether you can enhance a sentence for possession based on possession within a jail when the cops find drugs on your person after arresting you and taking you directly to jail. The majority determines that enhancement is not appropriate.

There is a lot of language in this case that might be useful in some Kansas trafficking cases, where persons are accused of trafficking when they are booked into jail and found with drugs on their persons.

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