If police departments don’t have an interlocal agreement, the only way an officer has jurisdiction to arrest outside of his jurisdiction is under the emergency exception found at RCW 10.93.070(2), which allows an arrest, “[i]n response to an emergency involving an immediate threat to human life or property.”
In this case, a motorcyclist was traveling 70 while standing on foot pegs, and then sped away at a high rate of speed after a speedy lane change. The district court looked at the definition of reckless driving, of which Defendant was charged, which is a, “willful or wanton disregard for the safety of persons or property.”
The court held that that alone does not necessarily create an emergency exception. I disagree. Accelerating to 100 MPH creates a massive danger to life and property. The speed limits are there because they are an expression of what constitutes a safe speed, and to go beyond them, especially to such a degree, constitutes an immediate danger. The definition of “reckless” above says it all. You can’t say its a disregard for the safety of persons or property on the one hand, and on the other say that its not an immediate threat to those same things.
King’s conviction is reversed. I’m going to sluff off to my room to pout. Maybe I’ll run away. Then they’ll see I was right!
