SENATE 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.

Senate Committee on Judiciary

Senate Hearing Date(s):January 15, 1987

Majority Report:  Do pass.

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

Senate Staff:Lidia Mori (786-7461)

                  January 29, 1987

AS PASSED SENATE, JANUARY 28, 1987

BACKGROUND:

Current law requires that an officer observe a violation before the officer may issue a traffic infraction or citation, with the exception of instances involving traffic accidents. Local court rulings have been 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:      none requested

Senate Committee - Testified: Rick Jensen, Washington State Patrol; Mike Redman, Prosecuting Attorneys Association