State v. Ortega, 297 P.3d 57

Officer McLaughlin observed Ortega from the second floor and formed probable cause for drug-traffic loitering, a gross misdemeanor.
McLaughlin maintained radio contact with Officers Hockett and Gaedke and described the suspects’ conduct to them.
Officer Hockett arrested Ortega and conducted a search incident to arrest, revealing crack cocaine and cash.
The trial court denied suppression and Ortega was convicted of possession with intent to deliver; the Court of Appeals affirmed.
The Supreme Court held that the arrest was unlawful because Hockett was not present during the offense and was not an arresting officer.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Presence requirement applicability	Ortega: presence rule violated; non-present arrest improper	State: information relay can support arrest under team enforcement	Arrest unlawful; presence requirement not satisfied
Fellow officer rule applicability to misdemeanors	Ortega: rule may justify arrest based on another's observations	State: fellow officer rule does not apply to misdemeanors	Fellow officer rule does not apply to misdemeanors
Definition of arresting officer under RCW 10.31.100	Arrest could be valid if observing officer is effectively in control	Arresting officer must be the one present and actively effecting arrest	Observing officer was not the arresting officer; arrest invalid
Remedial legislative action	Legislature should consider expanding presence rule to team arrests	Legislation not addressed; courts should not rewrite statute	Court suggests legislative amendment if policy warrants

State v. Walker, 157 Wn.2d 307 (2006) (presence-rule foundations; statutory exceptions discussed)
State v. O’Neill, 148 Wn.2d 564 (2003) (requirements for search incident to arrest)
State v. Patton, 167 Wn.2d 379 (2009) (definition and limits of arrest and related searches)
State v. Jones, 146 Wn.2d 328 (2002) (limits on warrantless arrests; presence concept)
State v. Hornaday, 105 Wn.2d 120 (1986) (legislative expansion of presence-rule exceptions)
State v. Duncan, 146 Wn.2d 166 (2002) (suppression standard and standards of review)
State v. Afana, 169 Wn.2d 169 (2010) (state constitution protections vs. warrantless searches)