FAQs

The information below provides basic answers to your legal questions.  You can visit legal sites such as……….

1. www.expertlaw.com
2. www.courts.wa.gov
3. www.lawforwa.org

You can also refer to the “Links & Court Information” page on this site.

Stops and Arrests

Can The Police Stop And Question People Who Are Not Under Arrest?

Yes. The police can stop a person, and ask questions, without "arresting" the person. Upon seeing suspicious activity, the police may perform what is called a "Terry Stop," and may temporarily detain people to request that they identify themselves and to question them about the suspicious activity.

The scope of a "Terry Stop" is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an "arrest." For their own safety, the police can perform a "weapons frisk" on the outside of a person's clothes (sometimes called "patting down the suspect") during a "Terry Stop."

During this frisk, if they feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person's pockets that do not appear to be weapons, even if they believe that the items are contraband.

When Is A Person "Under Arrest"?

Many people think of an arrest as being a formal declaration by the police, "You are under arrest," followed by the reading of the "Miranda rights". (As seen on TV: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you.")

Reality is a bit more complicated. An arrest occurs when a person no longer reasonably expects that he is free to leave. A "Terry Stop" is not an arrest, even though the person can't leave during the investigatory questioning, as the detention is of short duration and is limited in its scope. (A "Terry Stop" may involve little more than a short series of questions, such as, "What is your name? Where do you live? Why are you here?")

However, if a person is not allowed to leave the scene for an extended period of time, the person may be considered to be "under arrest," even though those words are never used. If a person is handcuffed, is locked in the back of a police car, or is otherwise restrained from leaving, the person will ordinarily be considered to be "under arrest."

Police Searches

If The Police Ask To Search Me, My House, Or My Car, Do I Have To Say "Yes"?

No. You can refuse the police permission to conduct a search. Remember this - the only reason the police officer wants to perform a search is for evidence of criminal activity, and the fact that he is asking reflects an expectation that he will find some.

You are entitled to say "No." If the police officer has the legal authority to perform the search, he will do so whether or not you agree. However, if he does not have the legal authority to perform a search, your consent gives him that authority.

During an investigative stop, or a traffic stop, a police officer may ask if he can search you or your car. However, if you give the police officer permission, he can perform the search even if he otherwise had no legal authority to do so.

Some people don't know, or forget, that they have an "open" bottle of liquor in the car - a bottle with the seal broken, whether or not the cap is off. Sometimes, people have knives or other weapons which can be classified as illegal "concealed weapons."

Sometimes, people forget that they have contraband in their cars, such as illegal drugs, or find to their chagrin that their teenaged child dropped a marijuana cigarette in the car. Unless you are the only person with access to the interior of your car, you may be in for a surprise if you grant permission for a search.

DUI

• What is the standard for stopping someone? A police officer must have probable cause that a traffic violation has occurred before that officer can lawfully stop a vehicle.

• What is the standard for detaining someone? A police officer may detain someone if he/she can point to specific and articulable facts giving rise to a reasonable suspicion that the person stopped is, or is about to be, engaged in criminal conduct. This temporary seizure must be reasonably related in scope to the justification for its initiation.

• What is the standard for arresting someone? A police officer must have probable cause to arrest an individual.  Probable cause to arrest exists where the totality of the facts and circumstances known to the officers at the time of arrest would warrant a reasonably cautious person to believe an offense is being committed. 

• Was I arrested? You are under arrest if a police officer takes you into "custody." This means that you believe you are not free to walk away from the scene of the contact with the officer.  Not every stop by a police officer means you are under arrest. If stopped only for a short time, then you may have been "detained," rather than legally arrested.

• Why did they tow or not tow my car? The decision to tow or park your vehicle is at the discretion of the arresting officer.  If it is possible to leave your vehicle in a safe and legal location, the officer may agree to park your vehicle so you can avoid the expense of a tow.  In this case, you would be required to sign a liability release.

• The officer searched my car, can they do that? Yes, this is called a search incident to arrest.  If you are driving a vehicle, as in a Washington reckless driving or racing case, and are subsequently arrested, the officer has authority to search your vehicle.

• Will there be a videotape of my stop and arrest? It depends on the agency and the equipment installed in the police car.   Some local law enforcement agencies have installed video equipment in many of their police cars.   If there is a video of your stop and arrest, you have a right to view this video and your attorney can obtain a copy.

If your situation requires further discussion, contact Eric Schurman for your free Emergency Consultation.

Emergency Contact Line: 206.200.2479