A police officer
having probable cause to believe that a person has committed or
is committing a felony shall have the authority to arrest the
person without a warrant. A police officer may arrest a person
without a warrant for committing a misdemeanor or gross
misdemeanor only when the offense is committed in the presence of
the officer, except as provided in subsections (1) through (10)
of this section.
(1) Any police officer having probable cause to believe that
a person has committed or is committing a misdemeanor or gross
misdemeanor, involving physical harm or threats of harm to any
person or property or the unlawful taking of property or
involving the use or possession of cannabis, or involving the
acquisition, possession, or consumption of alcohol by a person
under the age of twenty-one years under RCW 66.44.270, or
involving criminal trespass under RCW 9A.52.070 or 9A.52.080,
shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody,
pending release on bail, personal recognizance, or court order, a
person without a warrant when the officer has probable cause to
believe that:
(a) An order has been issued of which the person has
knowledge under RCW 26.44.063, or chapter 7.90, 10.99, 26.09, 26.10, 26.26, 26.50, or 74.34 RCW restraining the person and the
person has violated the terms of the order restraining the person
from acts or threats of violence, or restraining the person from
going onto the grounds of or entering a residence, workplace,
school, or day care, or prohibiting the person from knowingly
coming within, or knowingly remaining within, a specified
distance of a location or, in the case of an order issued under
RCW 26.44.063, imposing any other restrictions or conditions upon
the person; or
(b) A foreign protection order, as defined in RCW 26.52.010,
has been issued of which the person under restraint has knowledge
and the person under restraint has violated a provision of the
foreign protection order prohibiting the person under restraint
from contacting or communicating with another person, or
excluding the person under restraint from a residence, workplace,
school, or day care, or prohibiting the person from knowingly
coming within, or knowingly remaining within, a specified
distance of a location, or a violation of any provision for which
the foreign protection order specifically indicates that a
violation will be a crime; or
(c) The person is sixteen years or older and within the
preceding four hours has assaulted a family or household member
as defined in RCW 10.99.020 and the officer believes: (i) A
felonious assault has occurred; (ii) an assault has occurred
which has resulted in bodily injury to the victim, whether the
injury is observable by the responding officer or not; or (iii)
that any physical action has occurred which was intended to cause
another person reasonably to fear imminent serious bodily injury
or death. Bodily injury means physical pain, illness, or an
impairment of physical condition. When the officer has probable
cause to believe that family or household members have assaulted
each other, the officer is not required to arrest both persons.
The officer shall arrest the person whom the officer believes to
be the primary physical aggressor. In making this determination,
the officer shall make every reasonable effort to consider: (i)
The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or
serious threats creating fear of physical injury; and (iii) the
history of domestic violence between the persons involved.
(3) Any police officer having probable cause to believe that
a person has committed or is committing a violation of any of the
following traffic laws shall have the authority to arrest the
person:
(a) RCW 46.52.010, relating to duty on striking an
unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to or
death of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving
or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under
the influence of intoxicating liquor or drugs;
(e) RCW 46.20.342, relating to driving a motor vehicle while
operator's license is suspended or revoked;
(f) RCW 46.61.5249, relating to operating a motor vehicle in
a negligent manner.
(4) A law enforcement officer investigating at the scene of
a motor vehicle accident may arrest the driver of a motor vehicle
involved in the accident if the officer has probable cause to
believe that the driver has committed in connection with the
accident a violation of any traffic law or regulation.
(5) Any police officer having probable cause to believe that
a person has committed or is committing a violation of RCW 79A.60.040 shall have the authority to arrest the person.
(6) An officer may act upon the request of a law enforcement
officer in whose presence a traffic infraction was committed, to
stop, detain, arrest, or issue a notice of traffic infraction to
the driver who is believed to have committed the infraction. The
request by the witnessing officer shall give an officer the
authority to take appropriate action under the laws of the state
of Washington.
(7) Any police officer having probable cause to believe that
a person has committed or is committing any act of indecent
exposure, as defined in RCW 9A.88.010, may arrest the person.
(8) A police officer may arrest and take into custody,
pending release on bail, personal recognizance, or court order, a
person without a warrant when the officer has probable cause to
believe that an order has been issued of which the person has
knowledge under chapter 10.14 RCW and the person has violated the
terms of that order.
(9) Any police officer having probable cause to believe that
a person has, within twenty-four hours of the alleged violation,
committed a violation of RCW 9A.50.020 may arrest such person.
(10) A police officer having probable cause to believe that
a person illegally possesses or illegally has possessed a firearm
or other dangerous weapon on private or public elementary or
secondary school premises shall have the authority to arrest the
person.
For purposes of this subsection, the term "firearm" has the
meaning defined in RCW 9.41.010 and the term "dangerous weapon"
has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c)
through (e).
(11) Except as specifically provided in subsections (2),
(3), (4), and (6) of this section, nothing in this section
extends or otherwise affects the powers of arrest prescribed in
Title 46 RCW.
(12) No police officer may be held criminally or civilly
liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith
and without malice.
[2006 c 138 § 23; 2000 c 119 § 4; 1999 c 184 § 14; 1997 c 66 § 10; 1996 c 248 § 4. Prior: 1995 c 246 § 20; 1995 c 184 § 1; 1995 c 93 § 1; prior: 1993 c 209 § 1; 1993 c 128 § 5; 1988 c 190 § 1; prior: 1987 c 280 § 20; 1987 c 277 § 2; 1987 c 154 § 1; 1987 c 66 § 1; prior: 1985 c 303 § 9; 1985 c 267 § 3; 1984 c 263 § 19; 1981 c 106 § 1; 1980 c 148 § 8; 1979 ex.s. c 28 § 1; 1969 ex.s. c 198 § 1.]
NOTES:
Short title -- 2006 c 138: See RCW 7.90.900.
Application -- 2000 c 119: See note following RCW 26.50.021.
Short title -- Severability -- 1999 c 184: See RCW 26.52.900 and 26.52.902.
Severability -- 1995 c 246: See note following RCW 26.50.010.
Effective date -- 1995 c 184: "This act shall take effect January 1, 1996. Prior to that date, law enforcement agencies, prosecuting authorities, and local governments are encouraged to develop and adopt arrest and charging guidelines regarding criminal trespass." [1995 c 184 § 2.]
Severability -- Effective date -- 1993 c 128: See RCW 9A.50.901 and 9A.50.902.
Severability -- 1987 c 280: See RCW 10.14.900.
Effective date -- Severability -- 1984 c 263: See RCW 26.50.901, 26.50.902.
Arrest procedure involving traffic violations: Chapter 46.64 RCW.
Domestic violence, peace officers -- Immunity: RCW 26.50.140.
Uniform Controlled Substances Act: Chapter 69.50 RCW.