State v. Blake

197 Wash. 2d 170 · Washington Supreme Court · 2021

Facts

In 2016, police executed a search warrant in Spokane, Washington, and arrested Shannon Blake. At the jail, a corrections officer discovered a small baggy containing methamphetamine in the coin pocket of Blake’s jeans. Blake testified at trial that a friend had bought the jeans secondhand and given them to her two days before her arrest. She claimed she had never used methamphetamine and did not know the jeans had drugs in the pocket. Blake’s boyfriend also testified that Blake did not use drugs and had received the jeans from a friend.

Procedural history

The trial court, acting as trier of fact, found Blake guilty of possession of a controlled substance, concluding she had not met her burden to prove unwitting possession. Blake appealed, arguing that requiring her to prove unwitting possession violated due process. The Court of Appeals affirmed her conviction, relying on prior precedent that the crime does not require a mens rea element. The Supreme Court granted review.

Issue

Does Washington’s strict liability drug possession statute, RCW 69.50.4013, which criminalizes innocent and passive conduct without requiring proof of intent, exceed the legislature’s police power under the due process clauses of the state and federal constitutions?

Holding

Yes, Washington’s strict liability drug possession statute, RCW 69.50.4013(1), exceeds the legislature’s police power and violates the due process clauses of the state and federal constitutions, rendering it void. The court vacated Blake’s conviction.

Rule

The due process clauses of the state and federal constitutions generally bar state legislatures from criminalizing innocent and passive conduct without any criminal intent as a serious crime. This principle applies with special force to passive nonconduct unaccompanied by intent, knowledge, or mens rea, particularly when harsh felony penalties are imposed. A judicially created affirmative defense, such as "unwitting possession," cannot save an unconstitutional statute that exceeds the legislature’s police power.

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Case brief last reviewed . Prepared by CaseReader from the published opinion.