248 P.3d 1062
Wash. Ct. App.2011Background
- Ortega was convicted of possession of cocaine with intent to deliver after an arrest without a warrant was challenged.
- An observing officer surveilled drug activity and identified Ortega and co-defendant Cuevas engaging in suspected transactions.
- A separate arrest team, responding to the observing officer, arrested Ortega within seconds of the officer's radio notice.
- The arresting officer conducted a search incident to arrest, yielding cocaine rocks and cash on Ortega.
- The trial court denied suppression; the jury convicted Ortega, and sentencing followed.
- The issue on appeal was whether RCW 10.31.100's presence requirement or the fellow officer rule validated the warrantless arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arrest violated RCW 10.31.100 due to absence of presence. | Ortega; lacked presence by arresting officer. | State; fellow officer rule transfers probable cause to arrest. | RCW 10.31.100 not violated; arrest lawful |
| Whether the fellow officer rule applies to misdemeanor arrests under RCW 10.31.100. | Ortega; rule should not apply to misdemeanor context. | State; rule extends to misdemeanors. | Fellow officer rule not adopted for misdemeanors; but not needed to resolve case |
Key Cases Cited
- State v. Craig, 115 Wash.App. 191, 61 P.3d 340 (2002) (search incident incident to valid arrest and warrantless authority)
- State v. Walker, 157 Wash.2d 316, 138 P.3d 113 (2006) (presence requirement and exceptions under RCW 10.31.100)
- Gaddy v. Department of Licensing, 152 Wash.2d 64, 93 P.3d 872 (2004) (fellow officer rule limited for information from non-enforcement sources)
- Torrey v. City of Tukwila, 76 Wash.App. 32, 882 P.2d 799 (1994) (application of fellow officer rule to misdemeanor arrests)
- Whatcom County Dist. Court v. State, 92 Wash.2d 35, 593 P.2d 546 (1979) (legislative modification of arrest authority under RCW 10.31.100)
- Maesse v. State, 29 Wash.App. 642, 629 P.2d 1349 (1981) (collective knowledge supporting arrest for nonwitnessing officer)
- Alvarado v. State, 56 Wash.App. 454, 783 P.2d 1106 (1989) (collective knowledge doctrine and arrest authority)
- White v. State, 76 Wash.App. 801, 888 P.2d 169 (1995) (fellow officer rule and radio-confirmed probable cause)
- Wagner-Bennett v. State, 148 Wash.App. 538, 200 P.3d 739 (2009) (information known to other officers can supply probable cause)
- Sinclair v. State, 11 Wash.App. 523, 523 P.2d 1209 (1974) (early precedent on probable cause and arrest)