Recently, I was surprised when Division Two looked at an issue very close to (if not the same as) something I previously discussed in a post. The issue in State v. Zaragoza was “actual control,” and most of the commentary I’ve read seems to claim that the opinion narrows the term significantly. Here it is. Although I have no doubt that it’s a step in the right direction and may well assist me in future motions, I am skeptical about how positive an effect the opinion is likely to have. Like any appellate opinion, it can be narrowed by its facts. The time line isn’t entirely clear to me, but I think the officer was on top of things as soon as the defendant got in the … Read entire article »