Owner of Company that Allegedly Trains Customers to Pass Polygraph Tests Charged with Fraud, Witness Tampering

February 25, 2015

Polygram1.pngThe owner of a company that offers to teach customers how to pass a polygraph test, more commonly known as a "lie detector" test, has been indicted by federal prosecutors on five counts of fraud and witness tampering. United States v. Williams, No. 5:14-cr-00318, indictment (W.D. Ok., Nov. 13, 2014). Prosecutors allege that the defendant marketed his services to people who were scheduled to appear for polygraph tests with law enforcement and intelligence agencies. They further claim that he trained people "to lie and conceal crimes" in polygraph tests used during the employment screening process and during internal investigations.

Polygraph examinations use a device that measures and records a subject's pulse, blood pressure, respiration, and other indices as the subject answers a series of questions. The idea is that the subject will display different physiological responses when lying. The position of the scientific community, generally speaking, is that polygraph tests are not a reliable means of determining whether or not someone is telling the truth. Polygraph test results are nevertheless admissible in criminal trials in some U.S. jurisdictions under certain circumstances, and they are used by the federal government for employment screenings.

The test relies on the assumption that deception produces a unique set or pattern of physiological responses, but as the American Psychological Association notes, no evidence exists to support this assumption. Numerous other factors, including the placebo effect, could affect the results and produce false "positives." In Williams, the defendant is a former Oklahoma City police officer who has been an outspoken critic of polygraph tests for years. He owns and operates Polygraph.com, where, he claims, he does not offer training on how to "beat" the test, but rather how to avoid results that lead to false accusations of lying.

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Commodities Trader Charged in First Federal Case to Allege Use of High-Frequency Trading to Manipulate Market

February 19, 2015

Optical_fiber_cable.jpgIn the realm of financial criminal investigation, the term "spoofing" refers to the use of computer algorithms to manipulate markets by placing large orders in order to alter the price of a security, then quickly canceling the order. The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act amended the Commodity Exchange Act, 7 U.S.C. § 1 et seq., to add anti-spoofing provisions. Federal prosecutors have charged a commodities trader with multiple counts of commodity fraud and spoofing, in what is reportedly the first case brought under the amended law. United States v. Coscia, No. 1:14-cr-00551, indictment (E.D. Ill., Oct. 1, 2014). The case raises interesting questions about how computer programs could influence criminal cases.

The defendant is involved in high-frequency trading (HFT), a type of securities trading that is almost completely automated and that operates at speeds typically measured in thousandths of a second (milliseconds). Traders rely on computers with fast processing equipment and high-speed network connections. The most successful high-frequency traders are often the ones with the fastest equipment and the clearest digital connection to the markets. HFT has been the subject of a great deal of criticism because it can cause the information available to ordinary investors to become obsolete before it even reaches their computers.

According to the federal indictment, the defendant created two computer programs that he used to trade in commodities markets in Chicago and London. These programs allegedly used algorithms to place large numbers of orders for futures contracts and then canceled them in a matter of milliseconds. Other traders would see a high volume of orders, either bids to buy futures contracts or offers to sell them, creating "a false impression regarding the number of contracts available in the market." Coscia, indictment at 3. This would then "move[] the market in a direction favorable to" the defendant. Id. He allegedly made nearly $1.6 million from this strategy from August through October 2011. In 2013, the defendant and his company were fined $2.8 million by the U.S. Commodity Futures Trading Commission, and about $900,000 by the Financial Conduct Authority in the United Kingdom.

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Understanding the Potential Impact of Civilian Criminal Cases on Military Service Members in Texas

February 11, 2015

Fort_Bliss_1948_Issue-3c.jpgThe United States military is a major part of Texas' economic and political landscape. El Paso's Fort Bliss is one of the largest bases in the country, and the greater west Texas region boasts Laughlin Air Force Base in Del Rio, Dyess Air Force Base in Abilene, and Goodfellow Air Force Base in San Angelo. While military service members often live and work among civilians in Texas, different sets of laws apply to them in many situations. A criminal case in a civilian court may affect a military service member's career in ways that are difficult to predict without knowing a bit about military law.

Federal law prohibits anyone with a felony conviction from enlisting in the armed forces. 10 U.S.C. § 504(a), 50 U.S.C. App. § 456(m). Once a person joins one of the uniformed services, they come under the jurisdiction of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 801 et seq. The UCMJ outlines procedures for trials, known as courts-martial, and other types of disciplinary action. It identifies offenses that are not found in civilian life, such as desertion, absence without leave, and disobeying orders, and it also includes criminal offenses ranging from theft and fraud to assault and murder.

A court-martial is similar to a trial in civilian court, with key differences based on the structure of military life. In some ways, defendants in courts-martial have far more rights and protections than in civilian trials. Civilian criminal cases may originate with a closed grand jury proceeding, or merely the filing of an information or indictment. A court-martial must be preceded by an investigation, known as an Article 32 hearing, at which the accused may have counsel, cross-examine witnesses, and present evidence. 10 U.S.C. § 832.

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"Fair Sentencing" Laws Eliminate Mandatory Minimum Sentences, Sentencing Disparities for Certain Drug Offenses

January 26, 2015

CocaineHydrochloridePowder.jpgLegislation signed into law last fall in California eliminates sentencing disparities for drug offenses involving powder and crack cocaine, a relic of 1980s federal anti-drug policy that is being slowly rolled back. In 1986, Congress imposed considerably harsher penalties for drug offenses involving cocaine base, commonly known as crack cocaine, than for offenses involving cocaine hydrochloride, or powder cocaine. Some states also passed laws imposing disparate sentences. Congress passed the Fair Sentencing Act in 2010, which reduced but did not eliminate the sentencing disparity between the two drugs. Subsequent legislation has made additional improvements to the sentencing system. California's new law eliminates the disparity entirely.

The Anti-Drug Abuse Act of 1986 established a "100 to 1" sentencing disparity between powder and crack cocaine. Possession of five grams, or roughly one-fifth of an ounce, of crack cocaine carried a mandatory minimum prison sentence of five years without parole. The same sentence applied to possession of 500 grams of powder cocaine, equal to slightly over one pound. The same ratio applied to larger amounts of both substances. Whatever Congress' intent in passing this law, it resulted in a substantial racial disparities in enforcement, along with numerous other injustices.

In 2010, Congress addressed the issue by passing the Fair Sentencing Act, which reduced the sentencing disparity from 100-to-1 to 18-to-1. The threshold amount of powder cocaine required for a federal felony possession charge remained 500 grams, while the amount of crack cocaine was increased from five to 28 grams. This may still seem like a dramatic difference, but it is a vast improvement over the 1986 law. The bill also eliminated the five-year mandatory minimum sentence for first-time offenses involving possession of small amounts of crack cocaine. A bill that would further reduce the sentencing disparity, the Smarter Sentencing Act of 2014, did not pass in the last Congressional session.

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Prosecution of Woman Accused of Running Prostitution Ring Focuses on Racketeering Charges

January 23, 2015

finance-462986_640.pngA New Jersey woman was sentenced to 10 years in prison in September 2014, after pleading guilty to racketeering charges related to accusations of operating a "prostitution ring." While media coverage of the case focused on the more prurient aspects of the investigation, the actual criminal charges focused on her role as the alleged head of a criminal enterprise. "Racketeering" refers to various forms of conduct that may appear legitimate, but are actually intended to benefit an organization engaged in illegal activity. Statutes like the federal Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. § 1961 et seq., allow prosecutors to focus more on the organized nature of an alleged criminal offense, or the intended beneficiary, than on the conduct itself.

According to news coverage, the woman, Deanna Ruiz, operated an internet-based prostitution service, which paired clients with sex workers in motels in several central New Jersey towns. She reportedly received "millions of dollars" in revenue from this operation over a 15-year period, but media reports also indicate that she spent more than $1 million on hotel and motel rooms. Ruiz was accused of using multiple business entities as money-laundering fronts. She was arrested in August 2012 after a lengthy law enforcement investigation. She was released on bail but was taken into custody again in July 2013 and formally charged. Six other adults and one juvenile were reportedly also arrested in connection with the investigation.

Prosecutors charged Ruiz with at least three alleged offenses: money laundering, promoting organized street crime, and promoting prostitution. Money laundering involves channeling money obtained from illegal activity through an intermediary, such as a front company, to conceal its origins. See Tex. Pen. Code § 34.01 et seq. The "street crime" charge is similar to charges that could be brought under Texas' organized crime statute, Tex. Pen. Code § 71.01 et seq.

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Police Violated Resident's Fourth Amendment Rights by Lying About 911 Calls to Gain Entry to Homes, Court Rules

January 15, 2015

Point_d_interrogation.jpgA judge ruled last summer that police violated a woman's Fourth Amendment rights by using false information to obtain consent to search her home. Police are allowed to make misleading or even false statements during investigations, although the question of how far they may go has been the subject of much courtroom dispute. Most court decisions involve police interrogations in which an officer is trying to get a suspect to confess. As a general rule, police are permitted to mislead a suspect regarding specific facts about the investigation, but not to fabricate material evidence, like documents or photographs, nor to misrepresent the law.

According to local news, several police officers in Durham, North Carolina obtained consent to enter people's homes by falsely stating that they had received 911 calls regarding those properties. An officer allegedly found a small amount of marijuana and drug paraphernalia inside one woman's house after she allowed him to enter. He admitted to the ruse in court, but he testified that it was permitted by department policy. The police chief denied this and later formally banned the practice. The court suppressed the evidence, ruling that consent to the search was obtained under false pretenses.

The U.S. Supreme Court's landmark decision on false statements by police is Frazier v. Cupp, 394 U.S. 731 (1969). The defendant confessed after the interrogating officer told him, falsely, that his suspected accomplice had spoken to police and implicated him. The court held that the false statements were relevant to the question of the confession's admissibility, but that the "totality of the circumstances" did not indicate a violation of the defendant's rights. Id. at 739. Later cases explored what circumstances might render a confession inadmissible.

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Court Rules that State May Compel Fingerprint, but Not Passcode, Access to Cell Phone

January 8, 2015

encryption2.pngA Virginia judge issued an important ruling regarding how the Fourth and Fifth Amendments intersect with the latest cell phone technology in Virginia v. Baust, No. CR14-1439, order (Va. Cir. Ct., Va. Beach, Oct. 28, 2014). Police and prosecutors often seek access to a defendant's cell phone during an investigation. While the Supreme Court ruled last year in Riley v. California, 573 U.S. ___ (2014), that police must obtain a warrant to search the digital contents of a suspect's cell phone, the question of whether a person may be compelled to unlock security encryption to give law enforcement access to his or her phone remains largely unresolved.

Smartphones, such as Apple's iPhone, have become an indispensable tool for many people. Besides being a phone, people use them for text messaging, email, web browsing, personal finance, photographs and videos, games, and countless other functions. Our smartphones tend to accumulate a substantial amount of personal information, which makes them very attractive to law enforcement investigations.

The Supreme Court established the requirement for a warrant in Riley, but what happens if police have legal authority to access a smartphone, but they are unable to do so because of security encryption? Most phones allow users to set a passcode, usually a four-digit number, to unlock the phone. Some newer phones, such as the latest iPhone models, allow users to unlock the phone with their fingerprints. This question came before a Circuit Court judge in Virginia Beach, Virginia in Baust, when prosecutors moved to compel the defendant to provide the passcode to his phone, or use his fingerprint to allow access. The defendant argued that this would violate his Fifth Amendment right against self-incrimination.

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Police Officer Helps Relative Obtain Illegal Drugs, then Uses that Information to Obtain a Search Warrant

December 17, 2014

Plantacja.jpgThe Fourth Amendment to the U.S. Constitution protects people against "unreasonable searches and seizures" by requiring police to obtain a warrant before conducting a search of a person or his or her property. Obtaining a warrant requires convincing a judge that probable cause exists to believe a search will yield evidence relevant to a criminal investigation. A recent case before Seventh Circuit Court of Appeals considered whether a police officer violated the Fourth Amendment by withholding information about his own involvement in an illegal act in his application for a search warrant. While acknowledging that the officer behaved terribly, the court found that his improper motivations did not invalidate the application for a search warrant. The officer withheld information in the application, the court held, but probable cause actually did exist. Scherr v. City of Chicago, 757 F.3d 593 (7th Cir. 2014).

The case was a civil lawsuit for civil rights violations by public officials. The plaintiff's seven-year-old daughter was diagnosed with a rare form of brain cancer in 2011. The plaintiff learned that cannabis oil, which is derived from marijuana plants, might have therapeutic benefits for her daughter. She began growing her own marijuana plants in 2012, and she was assisted by her father-in-law, an officer with the Chicago Police Department. He provided her with "grow lights" and periodically checked on the plants.

The plaintiff's daughter died in July 2012. Conflicts quickly developed between the plaintiff and her father-in-law related to details of the obituary and funeral. Several days after the funeral, the father-in-law prepared an affidavit for a search warrant of the plaintiff's house. All of the evidence in support of the warrant came from his personal observation of fifty marijuana plants in the plaintiff's basement, but he did not disclose his own involvement in the growing operation. A judge granted a warrant, and at least a dozen DEA agents raided the plaintiff's home. Since the plaintiff had no use for the plants after her daughter died, she had thrown them all away, and the agents found nothing. She was not arrested, and no charges were ever brought against her.

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Theft and Misuse of Computer Data Are Becoming Major Areas of Cybercrime Prosecutions

December 17, 2014

6937238953_60c68ce056_o.jpgVarious cybercrimes are gaining in prominence as states pass new laws, and prosecutors target certain types of conduct. New terms like "cyberharassment" and "cyberstalking" are becoming common, and some states have passed laws against posting explicit photos of another person online without his or her permission, commonly known as "revenge porn." Criticisms of the laws include concerns that they could apply beyond the egregious incidents that led to their passage. Several recent incidents demonstrate how enforcement of these laws might work.

Prosecutors in Seattle, Washington charged a man this summer in connection with allegedly posting explicit photos of a woman to a "revenge porn" website and then threatening to send the photos to the woman's family and friends. According to local news coverage, the woman had hired the man to transfer data from one computer hard drive to another about three years ago. Among the data on the computer were nude photos of herself. The man allegedly kept copies of the photos and began threatening her last year. The threats allegedly escalated from further distribution of the pictures to sexual assault. He was charged with one count of computer trespass in the first degree, Wa. Rev. Code § 9A.52.110, and four counts of cyberstalking, id. at § 9.61.260. According to court records, he pled guilty to all counts in early December 2014.

Although the Washington case involved a "revenge porn" website, the charges only dealt with the acts of obtaining photos from the woman's hard drive and making online threats. California has made it illegal to post explicit photos of a person online without his or her permission. Cal. Penal Code § 647(j)(4). The statute originally only applied to pictures or videos taken by someone else, but an amendment to the law signed by the governor in September 2014 expands it to include "selfies." A Los Angeles man became the first person to be convicted under the new statute, and was sentenced to one year in jail on December 1, 2014. Texas has no comparable "revenge porn" law, although a few states have followed in California's footsteps. See N.J. Rev. Stat. § 2C:14-9(c).

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Fake Drugs and Substances Mistaken for Drugs Result in Jail Time, Despite Total Lack of Actual Illegal Drugs

December 11, 2014

679415354_8f406f4396_z.jpgOur criminal justice system includes a vast body of law restricting the manufacturing, distribution, sale, possession, and use of controlled substances and illegal drugs. These restrictions may also extend to substances that are not actually one of the many controlled or illegal substances, but that a person attempts to pass off as one. In that case, the person may be charged with an offense related to a counterfeit controlled substance. Police may also mistake an otherwise innocuous substance for something illegal and arrest the person while they test the substance in question. If it turns out that the substance is not controlled or illegal, the person probably will not face criminal charges, but may still have lost a significant amount of time. Two recent cases involving Pop-Tarts and SpaghettiOs resulted in jail time and criminal charges, despite the absence of illegal drugs.

A Florida woman is reportedly considering legal action against police and prosecutors after she spent more than a month in jail for nonexistent drugs. During what police described as a "routine traffic stop" on July 2, 2014, police found a spoon on the floor of the car with a dried residue that they suspected was methamphetamine. She stated that this was dried sauce from SpaghettiOs. Police arrested her and sent the spoon to a lab for testing.

Despite a lack of any criminal history, the court ordered the woman to seek drug counseling. She was released from jail after two days but was not able to attend all of her counseling appointments. Police arrested her again, and since she could not afford the bond payment, she was in jail from August 2 until September 18. She was released when lab results finally confirmed that the substance on the spoon was in fact spaghetti sauce. Police maintain that the arrest and detention were in good faith, but the woman has said that she may pursue claims for wrongful arrest and malicious prosecution.

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Judge Increases Defendants' Sentences in Drug Case Based on Acquitted Conduct, Supreme Court Rejects Their Appeal

December 4, 2014

Court_of_Kings_Bench_(1808).jpg"Innocent until proven guilty" is a fundamental principle of our criminal justice system, except that it is often not nearly so simple. The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the right to a trial by jury. If a trial results in an acquittal, the state cannot charge a person with the same offense again. Even if a jury acquits a person of a particular offense, however, a judge may still be able to use evidence of that offense in determining sentencing for a different offense. This recently happened in a case where a conviction of one drug offense resulted in a substantial prison sentence, based on evidence of a different offense for which the jury acquitted the defendants. The Supreme Court declined to hear the defendants' appeal in October, although an unlikely alliance of Justices Scalia, Thomas, and Ginsberg strongly dissented.

The three defendants who appealed to the Supreme Court were charged with distribution of crack cocaine and conspiracy to distribute crack cocaine. After a trial that lasted nearly eight months, the jury spent about two months deliberating. It convicted the defendants on a single count each of distribution of 500 grams of crack, and it acquitted them on all of the conspiracy charges. Each defendant faced at least five years in prison, up to a maximum of 20-30 years. 21 U.S.C. § 841(b)(1)(B).

At sentencing, the district court found by a preponderance of evidence that the defendants had engaged in a conspiracy to distribute crack. It took the conspiracy into account when pronouncing sentences ranging from 15 to more than 18 years. The defendants appealed, arguing both that the court's findings regarding the conspiracy were procedurally unreasonable and that they violated their Sixth Amendment right to have questions of fact decided by a jury.

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Fake Twitter Account in Mayor's Name Leads to Police Raid, Drug Charges

December 1, 2014

hashtag-27371_640.jpgA parody Twitter account using the name of the mayor of Peoria, Illinois has led, through an extremely strange series of events, to a federal civil rights lawsuit and felony drug charges. Police raided a house in April 2014 and seized multiple computers in a purported investigation of false impersonation of a public official, a misdemeanor under Illinois law. No charges were ever filed in connection with the Twitter account, but police claim to have found drugs and drug paraphernalia linked to another resident of the house who had no connection to the account. A judge denied the roommate's motion to suppress, ruling that the search warrant was supported by probable cause, but that police needed to explain why they were searching for drugs.

The Twitter account, @PeoriaMayor, was the result of boredom, according to its creator, Jon Daniel. The posts, which were generally described as "raunchy" and "profane," drew the attention of Peoria Mayor Jim Ardis, who was not amused. Ardis complained to Twitter, which suspended the account and then notified the police. Police officers executed a search warrant in mid-April on the house where Daniel lived with several roommates. They seized every electronic device in the house connected to the internet and arrested the three people who were present at the time. They picked up two additional residents at their workplaces and took them to the station for questioning.

The prosecutor declined to bring charges under Illinois' false impersonation statute, which requires proof of impersonating a public official or employee "in furtherance of the commission of a felony" or "for the purpose of effectuating identity theft." 720 I.L.C.S. 5/17-2(b)(2.3), (2.7); see also Tex. Pen. Code § 37.11, 18 U.S.C. § 912. Daniel filed a lawsuit against the city and numerous officials in June, alleging violations of his First Amendment right to free speech and his Fourth Amendment right against unreasonable searches and seizures. Daniel v. City of Peoria, et al, No. 1:14-cv-01232, complaint (C.D. Ill., Jun. 11, 2014).

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Judge Sentences Mother and Son in Credit Card Fraud Scheme that Targeted Celebrities

November 25, 2014

Kim_Kardashian_2011.jpgA U.S. district judge accepted guilty pleas earlier this year from a mother and son charged with numerous counts, including wire fraud and identity theft, in connection with alleged credit card fraud. The defendants were accused of taking over the credit card accounts of celebrities and government officials. United States v. Flores, et al., No. 6:13-cr-00225, indictment (M.D. Fla., Sep. 4, 2013). The son pleaded guilty to one count each of aggravated identity theft and access device fraud. The judge sentenced him to 36 months' imprisonment. The mother pleaded guilty to one count of making false statements to federal agents and was sentenced to three years' probation.

A Secret Service investigator filed a complaint and affidavit with a magistrate, United States v. Flores, et al, 6:13-mj-01437, crim. complaint (M.D. Fla., Aug. 6, 2013), outlining the alleged scheme. The investigator received a report from American Express in May 2013 regarding a call from a person claiming to be the celebrity Kim Kardashian, who had the required personal information to access Kardashian's account. The person changed the social security number on the account to the defendant son's social security number, changed the primary address to the defendant's address, and requested issuance of a new card to be sent to that address. The following day, another card was requested for Kardashian's account, as well as one for the account in the name of her mother, Kris Jenner.

FBI agents went to the defendants' home after the delivery of the credit cards and were granted entry by the defendants. While the defendants denied knowledge of any wrongdoing, agents noted a WiFi signal that had the same name as a known alias of the son. The defendants' apartment manager told agents that the son had once left a photocopy of a social security card with a similar alias in the apartment complex copier, and that the defendants had made rent payments using checks from several accounts that had been closed due to suspicion of fraud.

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Fifth Circuit Rules on Evidence Requirements in Counterfeit Money Case

November 19, 2014

US100DollarBills-Old&2013.jpgThe Fifth Circuit Court of Appeals recently considered a defendant's claim that a district court erred in his trial, in which he was convicted of passing counterfeit money, by admitting the counterfeit bill into evidence. The appellate court reviewed the standards for authentication of evidence and the chain of custody of the bill. It concluded that the U.S. Attorney had met its burden of authenticating the bill and, after considering several other issues raised by the defendant, affirmed the district court's verdict and sentence. United States v. Davis, 754 F.3d 278 (5th Cir. 2014).

The defendant was accused of attempting to pass forged $100 bills at a Taco Bell on March 9, 2012, and at a Dollar Tree on April 11, 2012. A grand jury indicted him on two counts of uttering counterfeit obligations or securities. 18 U.S.C. § 472. Federal law prohibits passing or attempting to pass counterfeited, forged, or altered currency with the intent to defraud. A single count can result in up to 20 years in prison.

The court conducted a bench trial and found him guilty of the second count, which involved Dollar Tree. It acquitted him of the count involving Taco Bell. The court sentenced the defendant to 34 months in prison, followed by three years of supervised release, and a special assessment of $100. The sentence was based on a finding that the defendant had produced the counterfeit bills or had the means of producing counterfeit bills in his possession. Davis, 754 F.3d at 281, citing U.S. Sentencing Guidelines § 2B5.1(b)(2)(A).

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One Seattle Police Officer Responsible for Eighty Percent of All Marijuana Tickets for the First Half of 2014; Municipal Court Drops All of the Cases

November 6, 2014

Space_Needle002.jpgWashington state is one of only a few U.S. states to legalize recreational marijuana use. Public use is still prohibited, but possession by adults of certain marijuana products is no longer illegal under state law. Enforcement of the new law has apparently been controversial for one Seattle police officer, who wrote 80 percent of the tickets issued in the city for public marijuana use during the first six months of 2014. In September, the City Attorney and the Chief of Police sought to dismiss all of the cases originating during that time period, stating that he believes the officer was motivated by opposition to the new law.

Washington voters approved Initiative 502 (I-502) on Election Day 2012 by about 56 to 44 percent. The measure made possession and private use of small amounts of marijuana legal for adults 21 years of age and older. Public use is a class 3 civil infraction rather than a criminal offense. WA Rev. Code § 69.50.445. Marijuana remains a Schedule I controlled substance under federal law. WA Rev. Code § 69.50.101(d), 21 C.F.R. § 1308.11(g). Federal authorities may still enforce federal drug law in Washington under the doctrine of dual sovereignty, as the U.S. Supreme Court held with regard to California's medical marijuana statute in Gonzales v. Raich, 545 U.S. 1 (2005).

Colorado voters approved Amendment 64 by a similar margin on the same day as voters in Washington. On Election Day 2014, voters in Alaska, Oregon, and the District of Columbia joined these two states in legalizing the possession of small amounts of marijuana for recreational use. Voters in Guam, a U.S. territory in the western Pacific Ocean, approved a measure legalizing marijuana for medical use, while voters in Florida rejected a similar measure.

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