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248 P.3d 1062
Wash. Ct. App.
2011
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Background

  • 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)
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Case Details

Case Name: State v. Ortega
Court Name: Court of Appeals of Washington
Date Published: Feb 7, 2011
Citations: 248 P.3d 1062; 64008-9-I
Docket Number: 64008-9-I
Court Abbreviation: Wash. Ct. App.
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