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Constitutional Law

Suspect's right to counsel doesn't require cop to step out of room, top state court says

A Washington state court rule guarantees the right of individuals to be represented by a lawyer.

But it doesn’t require that every consultation between attorney and client be in a private setting, the state’s supreme court held Thursday.

At issue was the January 2012 arrest of Roman Fedorov, the court explains in its written opinion (PDF). Initially clocked at 119 mph as he drove on Interstate 5, he went as fast as 130 mph while attempting to evade pursuit by a Washington State Patrol officer and blew through several red lights, police said. Arrested for driving under the influence and attempting to elude police, he was allowed to speak with on-call public defender Nicholas Andrews by telephone.

However, Trooper Ryan Durbin did not comply with a repeated request by Andrews, relayed through Fedorov, for Durbin to step out of the one-room Fife police department where Fedorov was being held. The trooper, who went to the other side of the room, cited a need to keep the arrestee in sight prior to administering a blood-alcohol test and security concerns, and he said he would not have been able to hear Fedorov unless the suspect spoke in a loud voice, the supreme court noted.

Nonetheless, Andrews instructed Fedorov to answer only yes or no to the attorney’s questions. This violated Fedorov’s right to counsel because a consultation is not effective when attorney and client cannot speak freely, Fedorov’s appeal contended.

The state supreme court, however, said the presence of the trooper was appropriate under the facts of the situation.

“Privacy between the arrestee and attorney may be balanced against legitimate safety and practical concerns,” the court wrote, “and challenges alleging such violations are reviewed under the totality of the circumstances.”

Hat tip: Seattle Times.