SENATE BILL REPORT

SHB 42

BYHouse Committee on Judiciary (originally sponsored by Representatives Sutherland, Cooper, Armstrong, Jacobsen, Baugher, Patrick, C. Smith, Chandler, Nealey, Wineberry, Betrozoff, Hargrove, Todd, Lewis, Rayburn, K. Wilson, Rasmussen, Basich, Padden, Brekke, Brough, Ballard, Holm, Schoon, Winsley,L. Smith and May)

Authorizing the warrantless arrest of minors for the acquisition, possession, or consumption of alcohol.

House Committe on Judiciary

Senate Committee on Judiciary

Senate Hearing Date(s):March 12, 1987; April 1, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Dick Armstrong (786-760)

                  April 1, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, APRIL 1, 1987

BACKGROUND:

State law generally requires police officers to get an arrest warrant before they may arrest a person for a misdemeanor or gross misdemeanor.  Two exceptions to this general rule are provided.  First, an officer may make an arrest without a warrant if the offense is committed in the officer's presence.  Second, there is an enumerated list of crimes for which an officer may make a warrantless arrest even if the crime was not committed in the officer's presence, so long as the officer has probable cause to believe that the person arrested committed the crime.  Misdemeanors and gross misdemeanors in the enumerated list include crimes involving physical harm or threats of harm to persons or property, possession or use of cannabis, domestic violence and certain traffic law violations.

In a recent decision, the state supreme court ruled that an officer could not make a warrantless arrest of an underage person for the crime of possession or consumption of alcohol when the officer had not seen the person holding or drinking the alcohol, but had only seen the person acting as though under the influence of alcohol.

SUMMARY:

The list of misdemeanors and gross misdemeanors for which an officer may make a warrantless arrest upon probable cause is expanded to include possession or consumption of alcohol by a person under the age of twenty-one.

Fiscal Note:      none requested

Senate Committee - Testified: Representative Dean Sutherland; Delbert McNeil, Chief, Shelton Police Department; Rick Jensen, WSP; Carter Mitchell, WSLCB