Concurrent Authority to Investigate or Prosecute Crimes.
The Attorney General has concurrent authority with a prosecuting attorney to investigate and prosecute crimes. In order for the Attorney General to exercise this authority, a county prosecuting attorney, the Governor, or the Washington State Patrol's Organized Crime Intelligence Unit Oversight Committee must either request or concur in the Attorney General's exercise of that authority.
The Attorney General's Office's Missing and Murdered Indigenous Women and People Cold Cases Investigations Assistance Unit (Unit) assists law enforcement agencies with cold cases. The Unit's assistance in criminal investigations is limited to the scope of the request from the law enforcement agency with primary jurisdiction over the case, and the Unit must prioritize its assistance to jurisdictions that lack sufficient resources to investigate cold cases.
Limited Authority Washington Peace Officer.
A limited authority Washington peace officer is an officer for an agency, political subdivision, or local government that apprehends or detects persons committing infractions or violating traffic or criminal laws in subject areas limited to the agency's authority. The 11 limited law enforcement agencies identified in statute are: the Department of Natural Resources, the Department of Social and Health Services, the Gambling Commission, the Lottery Commission, the Parks and Recreation Commission, the Utilities and Transportation Commission, the Liquor and Cannabis Board, the Office of the Insurance Commissioner, the Department of Corrections, the Office of Independent Investigations, and the Department of Labor and Industries.
Authority to Execute a Search Warrant.
A general authority Washington peace officer may enforce traffic or criminal laws in certain circumstances, including when the officer is executing a search warrant. A general authority officer is a full-time officer of a state or local government or agency whose primary function is violations of traffic or criminal laws. The Washington State Patrol and the Washington Department of Fish and Wildlife are general authority law enforcement agencies.
The government's authority to conduct searches and seizures is limited by Article I, section 7 of the Washington Constitution. As a general rule, a search may only be conducted pursuant to a warrant that is based on probable or reasonable cause. A magistrate has the power to issue a search warrant that authorizes a police officer or another peace officer to enter property and search for evidence of a crime.
When a county prosecuting attorney, the Governor, or the Washington State Patrol's Organized Crime Intelligence Unit Oversight Committee grants the Attorney General the concurrent authority to investigate or prosecute crimes, an Attorney General's Office (AGO) investigator's power to investigate crimes is limited to the authority of the granting entity.
Before an AGO investigator can serve a search warrant on a business, the search must be authorized by a judicial officer. An AGO investigator may only serve a warrant for business records to a business that has requested service at a physical location.
An AGO investigator does not have the power to detain or arrest and may not be armed.
(In support) To assist systems of justice in working efficiently, this bill grants Attorney General's Office (AGO) investigators the limited authority to serve search warrants on a business when a judicial officer has authorized the warrant. The AGO can assist the entity with original jurisdiction by determining whether a case is viable. Local prosecuting authorities are overburdened. The Major Economic Crimes Unit investigates and prosecutes economic and financial crimes, including organized theft, retail theft, criminal wage theft, construction fraud, and other financial crimes. The only fully commissioned officers in the AGO are in the Medicaid fraud unit, which are the only officers that can carry weapons. This bill is not trying to expand that authority to other investigators. The AGO investigators have in-house training, and many are retired law enforcement officers. However, they are not commissioned officers, and so there are not additional training requirements.
Most warrants issued are for business records. A timely search warrant can provide crucial information to identify stolen goods, corroborate the identity of a suspect, and protect against misidentification. When a warrant must be served, the AGO has to find willing peace officers. This can cause delays of weeks or months, which can result in the premature closing of cases, and loss of evidence. It also creates a burden on local law enforcement agencies. The bill allows investigators to hit send on an email for service, rather than asking an overburdened officer to do it. It increases efficiency by ensuring a warrant is served in 10 days, without requiring the use of a local law enforcement officer, who is drowning in their own workload.
The bill does not allow investigators to detain, arrest, or be armed in the commission of their duties. It also does not allow a business to be served unless the business owner specifically requests it. The investigator does not have authority to investigate crimes without the authority of a county prosecutor or the Governor.
(Opposed) Criminal justice authority must be clearly defined, constitutionally restrained, and properly overseen. The bill raises due process concerns under Article I, section 3 of the Washington Constitution and the 14th Amendment by blurring the separation of power between prosecution and investigation. Prosecutors do not have the authority to investigate, because they would become the witness for the case they are prosecuting. Therefore, a prosecuting attorney could only delegate limited authority to an AGO investigator.
The Attorney General is not the state's chief law enforcement officer, and the AGO is not a law enforcement agency, except for Medicaid fraud, which is narrowly tailored. The AGO's investigative authority is under the Consumer Protection Act or civil. The AGO's other statute, the Missing and Murdered Indigenous Women and People Cold Cases Investigation Assistance Unit has nothing to do with criminal investigations. Law enforcement officers must comply with significant certifications, including a background check, psychological profile, attending academy, identification as an officer, and deconflict. Multiple investigators for different agencies need to make sure they are not running on top of each other.
The bill allows a non-commissioned officer who lacks accountability to serve warrants on businesses. There needs to be a clear duration on the scope or duration of the authority, a requirement for legislative reporting or audit, and safeguards against mission creep. This authority must be exercised with clearly defined limits because liberty depends on structure, not intent. There is insufficient structural restraint in the bill's expansion of executive investigative power.
(In support) Representative Edwin Obras, prime sponsor; and Dru Swaim, Attorney General's Office.