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In re Day
United States District Court, E.D. Washington
June 1, 2018
Jason Patrick Day
U.S. Attorney: Russell E. Smoot
Honorable Edward J. Lodge, Senior U.S. District Judge.
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER
HONORABLE LONNY R. SUKO, SENIOR U.S. DISTRICT JUDGE
issue a WARRANT and to incorporate
the violation(s) contained in this petition in future
proceedings with the violation(s) previously reported to the
Court on 05/14/2018.
probation officer believes that the offender has violated the
following condition(s) of supervision:
Number Nature of Noncompliance
3 & 4 Mandatory Condition # 1: You must
not commit another Federal, state, or local crime.
Mandatory Condition # 2: You must not
unlawfully possess a controlled substance, including
marijuana, which remains illegal under federal law.
Supporting Evidence: On October 19, 2017,
Mr. Jason Day signed his conditions for case number
2:14CR00172-LRS-1, indicating he understood all conditions
ordered by the Court. Specifically, Mr. Day was made aware by
his U.S. probation officer that he was required to refrain
from the commission of any federal, state or local crime, and
he was required to refrain from the possession of any
Mr. Day is alleged to have violated mandatory conditions
number 2 and 3, by having in his possession on May 31, 2018,
at the time of his arrest and subsequent booking into the
Spokane County Jail, a clear plastic baggy with a crystal
like substance that field tested positive for
Specifically, on May 31, 2018, Spokane police officers
contacted Mr. Day at a residence other than his approved
residence located on East Broad in Spokane, Washington, at
which time he was taken into custody for an outstanding
Washington State Department of Corrections warrant. Following
officer's attempt to take Mr. Day into custody, Mr. Day
became resistive and was described by officers as
“actively and physically resisting officer's
attempt to control and handcuff him.” Additionally, Mr.
Day was described as not following officer's directives,
reaching for his waist area, kicking out with his feet during
arrest, physically keeping his hand pinned under his body so
it could not be accessed by law enforcement, yelling at
officers, and diving toward his right front pocket, even
while restrained, in which a pocket knife was later located.
Washington State Department of Corrections officers would
later also report finding and securing a “switch
blade” knife attached to a necklace being worn by the
client as well as locating a “machete” in his
Following medical clearance, as Mr. Day had reported injury
during arrest, Mr. Day was booked into the Spokane County
Jail, at which time a white crystal like substance, which
field tested positive for methamphetamine, was located on his
According to the police report received in this matter, Mr.
Jason Day was booked into the Spokane County Jail for
Possession of a Controlled Substance, in violation of R.C.W.
69.50.4013, a Class C Felony. The report also notes probable
cause exists to charge the client with resisting arrest, but
he was only booked on the new felony charge and his
Department of Corrections ...
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