HOUSE BILL REPORT

SB 5062

BYSenators Talmadge, Newhouse, Halsan and Rasmussen; by request of Washington State Patrol

Establishing information from another officer as probable cause to stop suspected traffic violators.

House Committe on Judiciary

Majority Report:  Do pass.  (14)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE APRIL 7, 1987

BACKGROUND:

Current law generally requires that an officer either have a warrant or actually observe a violation before the officer may issue a notice of traffic infraction or a citation.  An exception exists in instances involving traffic accidents.  Some local court rulings have held that an officer cannot take enforcement action based only on information received from another officer who has observed the violation.  For example, an officer on the ground cannot issue a citation for speeding at the request of an officer who observed the violation from an aircraft.

SUMMARY:

At the request of an officer or based upon information received from an officer who has witnessed a traffic infraction, another officer may stop, detain, arrest or issue a notice of traffic infraction to the driver believed to have committed the violation.  The request or information received from the observing officer constitutes the necessary probable cause.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Rick Jensen, Washington State Patrol.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill is necessary to clarify the authority of law enforcement officers to continue to use effective enforcement techniques.

House Committee - Testimony Against:      None Presented.