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Sheri’s Sidebar 10/20/2023 Edition #17

Sheri’s Sidebar Edition # 17  Oct. 20, 2023

  1. Did you know that ER 106, “The rule of completeness” does not apply to unrecorded statements?
  2. Did you know that the State cannot force you to allow them to self-certify documents to authenticate at trial without the witness in person? Say it again. The State cannot force defense to allow them to self-certify documents at trial, regardless of the statute.
  3. Are you aware of the differences between the “inevitable discovery doctrine” and the “independent source doctrine?”
  4. Are you aware that many judges don’t remember which sections of the Washington Constitution hold stronger protections than the U.S. Constitution, and which are equivalent?
  5. Did you know as part of the exclusionary rule cases, the paradox of these two rulings and the ruling on privacy of ones trash….
  6. Are you aware of how the Carpenter Supreme Court case has changed the Fourth Amendment protection rights and expectation to privacy for things such as recording ones physical movements with digital recording devices (think cell site location, think pole cams, think license plate readers that don’t have physical entry and are being kept in databases for later searches)?