Washington v. Blake (Majority, Dissent and Concurrence/Dissent)
Annotate this CaseWashington’s strict liability drug possession statute, RCW 69.50.4013, made possession of a controlled substance a felony punishable by up to five years in prison, plus a hefty fine; leads to deprivation of numerous other rights and opportunities; and did this without proof that the defendant even knew they possessed the substance. In 2016, police executed a search warrant in Spokane, Washington, seeking evidence of stolen vehicles. They arrested three people on the property, including petitioner Shannon Blake. At the jail, a corrections officer discovered a small baggy containing methamphetamine in the coin pocket of Blake’s jeans. The State charged Blake with possession of a controlled substance. At a bench trial, Blake relied on the affirmative defense of "unwitting possession:" a friend bought the jeans secondhand and gave them to Blake two days before Blake's arrest; Blake never used methamphetamine and did not know drugs were in the pocket; and Blake's boyfriend testified Blake was not a drug user. The trial court found Blake possessed drugs without finding her possession was intentional or knowing. The court concluded Blake did not meet her burden proving her possession was unwitting. This case presented an issue of first impression for the Washington Supreme Court: whether the strict liability drug possession statute with these substantial penalties for such innocent, passive conduct exceeded the legislature’s police power. The Court concluded the answer was yes, this exceeded the State's police power. Blake's conviction was vacated.
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