WPIC 120.07 Lawful Arrest—Definition
11A WAPRAC WPIC 120.07Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 120.07 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 120. Obstructing Governmental Operation
WPIC 120.07 Lawful Arrest—Definition
[An arrest is lawful if made pursuant to an arrest warrant.] [An arrest is [also] lawful if the arresting officer had probable cause to believe that the person arrested had committed the crime of (name of crime) [in the officer's presence]. “Probable cause” means facts that would cause a reasonably cautious officer to believe that the person had committed that crime. In determining whether the facts known to the officer justified this belief, you may take into account the officer's experience and expertise.]
NOTE ON USE
Use this instruction with WPIC 120.05 (Resisting Arrest—Definition) and WPIC 120.06 (Resisting Arrest—Elements). Use the bracketed first sentence if the arrest was pursuant to a warrant. In the second sentence, insert the name of the crime or crimes for which the arresting officer may have had probable cause. A separate instruction should be given defining these crimes. Include the phrase “in the officer's presence” if the offense is a misdemeanor or gross misdemeanor that is not listed in RCW 10.31.100.
Other circumstances may affect the lawfulness of an arrest, especially if the arrest occurred in a residence. See, e.g., State v. Counts, 99 Wn.2d 54, 659 P.2d 1087 (1983). When such issues arise, appropriate instructions should be given.
COMMENT
A lawful warrantless arrest requires probable cause. “Probable cause” has been defined as “evidence which would warrant a man of reasonable caution in the belief that a felony has been committed.” State v. Smith, 102 Wn.2d 449, 453, 688 P.2d 146 (1984). The determination of probable cause rests on the totality of facts and circumstances known to the officer at the time of the arrest. The standard of reasonableness to be applied takes into consideration the officer's special experience and expertise. State v. Fricks, 91 Wn.2d 391, 398, 588 P.2d 1328 (1979).
Under RCW 10.31.100, a police officer may arrest a person without a warrant for any felony and certain specified misdemeanors and gross misdemeanors. For any other misdemeanor or gross misdemeanor, a warrantless arrest is lawful only if the offense was committed in the officer's presence. See also RCW 10.88.330 (specifying circumstances under which a lawful arrest without a warrant can be made under the Uniform Criminal Extradition Act).
In the context of crimes committed during an arrest, an arrest pursuant to warrant is “lawful” if the warrant is facially valid, whether or not it was properly issued. State v. Ekkelkamp, 42 Wn.App. 375, 378–80, 711 P.2d 1076 (1985) (prosecution for third degree assault, based on resisting lawful detention).
[Current as of September 2019.]
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