Seattle police didn’t provide access to lawyers 96% of the time: report

Matt Keeley, The New Civil Rights Movement
December 26, 2023

Police Tape (AFP)

The Seattle Police Department violated the law and didn't give people under 18 access to a lawyer when it was supposed to 96% of the time, according to a new report released Friday by the city's Office of the Inspector General.

The OIG audited the Seattle Police Department on its compliance with two laws, a city-level law called the MiChance Dunlap-Gittens Ordinance and a similar state law, RCW 13.40.740. The laws require police give those under 18 years old access to a public defender before the youth waives their right to remain silent. Police also must provide attorney access when requesting consent for a search, according to the OIG.

The OIG examined 89 arrests and found 50 cases where the laws applied. In those cases, access to an attorney was only provided twice. The OIG broke the interactions into four categories: Custodial Interrogation, which made up half of the cases; Consent to Search, 3 cases; Detained and Questioned, 7 cases; and Arrested, No Evidence of Questioning, 15 cases. Both of the instances where attorney access was provided were in this last category.

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In an appendix, the OIG laid out eight recommendations, including updating the Seattle Police Department's policy manual, requiring officers to "make a good faith effort" to check the age of the person detained, and to perform regular internal audits on whether or not the law is being followed by officers.

SPD's chief operating officer, Brian Maxey, said it was sometimes difficult to determine if someone is legally a minor, according to the Times, but admitted that "in some instances there are clear gaps in officers’ understanding of the laws and inconsistencies in practice."

The law is named for MiChance Dunlap-Gittens, a high school senior shot in 2017 following a botched sting operation. King County sheriff's detectives investigating a homicide attempted to create a sting to catch a suspect. Dunlap-Gitten was killed when he attempted to flee. The suspect the detectives were after also fled, but was caught by a SWAT team that night, according to the Seattle Times. However, neither teenager was involved at all in the homicide under investigation.

Dunlap-Gittens' death led to a $2.5 million ruling against King County in 2020. In addition to the victim's family receiving the money, the sheriff at the time apologized and promised to make her officers wear body cameras and use dash cameras, according to the Times. Shortly following the settlement, the Seattle City Council passed the ordinance. A similar ordinance also went before the King County Council. A year later, RCW 13.40.740 passed the State Legislature.