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Chapter 10.89 RCW

UNIFORM ACT ON FRESH PURSUIT

RCW Sections

10.89.010Authority of foreign peace officer.
10.89.020Preliminary examination by magistrate.
10.89.030Construction as to lawfulness of arrest.
10.89.040"State" includes District of Columbia.
10.89.050"Fresh pursuit" defined.
10.89.060Duty to send copies to other states.
10.89.070Severability -- 1943 c 261.
10.89.080Short title.


10.89.010
Authority of foreign peace officer.

Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that he or she is believed to have committed a felony in such other state or a violation of the laws of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he or she is believed to have committed a felony or a violation of the laws of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving in this state.

[1998 c 205 § 1; 1943 c 261 § 1; Rem. Supp. 1943 § 2252-1. Formerly RCW 10.88.070.]




10.89.020
Preliminary examination by magistrate.

If an arrest is made in this state by an officer of another state in accordance with the provisions of RCW 10.89.010, he or she shall, without unnecessary delay, take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he or she shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the magistrate determines that the arrest was unlawful, he or she shall discharge the person arrested.

[2010 c 8 § 1088; 1943 c 261 § 2; Rem. Supp. 1943 § 2252-2. Formerly RCW 10.88.080.]




10.89.030
Construction as to lawfulness of arrest.

RCW 10.89.010 shall not be construed so as to make unlawful any arrest in this state which otherwise would be lawful.

[1943 c 261 § 3; Rem. Supp. 1943 § 2252-3. Formerly RCW 10.88.100.]




10.89.040
"State" includes District of Columbia.

For the purpose of this chapter the word "state" shall include the District of Columbia.

[1943 c 261 § 4; Rem. Supp. 1943 § 2252-4. Formerly RCW 10.88.110.]




10.89.050
"Fresh pursuit" defined.

The term "fresh pursuit" as used in this chapter, shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony or a violation of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving. It shall also include the pursuit of a person suspected of having committed a supposed felony, or a supposed violation of the laws relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving, though no felony or violation of the laws relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving actually has been committed, if there is reasonable ground for believing that a felony or a violation of the laws relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

[1998 c 205 § 2; 1943 c 261 § 5; Rem. Supp. 1943 § 2252-5. Formerly RCW 10.88.090.]




10.89.060
Duty to send copies to other states.

Upon the passage and approval by the governor of this chapter, it shall be the duty of the secretary of state, or other officer, to certify a copy of this chapter to the executive department of each of the states of the United States.

[1943 c 261 § 6; Rem. Supp. 1943 § 2252-6.]




10.89.070
Severability — 1943 c 261.

If any part of this chapter is for any reason declared void, it is declared to be the intent of this chapter that such invalidity shall not affect the validity of the remaining portions of this chapter.

[1943 c 261 § 7; Rem. Supp. 1943 § 2252-7.]




10.89.080
Short title.

This chapter may be cited as the "Uniform Act on Fresh Pursuit."

[1943 c 261 § 8; Rem. Supp. 1943 § 2252-8.]