What is the “fellow officer rule”? It is a rule that provides that in certain delineated circumstances, several officers’ observations can be taken together to establish probable cause for a warrantless search and/ or seizure, and/ or to obtain a search or arrest warrant. The rule applies when officers are acting in concert and cumulatively possess sufficient knowledge to establish probable cause to stop and/ or arrest a particular suspect. Does this rule apply in Washington misdemeanor cases? Well, yes and no.
In State v. Ortega, the Washington State Supreme Court in 2013 declined to extend the fellow officer rule to certain non-traffic infraction related misdemeanor offenses. This was so because RCW 10.31.100 read: "[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." On the other hand, RCW 10.31.100( 6) authorized at that time an arrest on request of another officer in whose presence a traffic infraction has been committed. Now, it is fair to point out that the rule has been amended many times since 2013, but the premise of the rule remains the same, unless there is a specific exception under RCW 10.31.100(1) – (11), officer’s must view in their presence a misdemeanor in order for them to be able to arrest a person without a warrant. Presumably that still means ‘the’ officer’s presence, not another’s.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys is the right call – (425) 359-3791 or (206) 441-0900.