State v. Plaggemeier
Washington Court of Appeals
969 P.2d 519 (1999)

- Written by Sean Carroll, JD
Facts
Washington’s Mutual Aid Peace Officers Powers Act (Mutual Aid Act) permitted, subject to Washington’s Interlocal Cooperation Act (ICA), law-enforcement agencies to cooperate and contract with one another. Under the ICA, intergovernmental agreements were required to be ratified by the state legislature. The Mutual Aid Act also permitted police officers to enforce laws in another jurisdiction if the other jurisdiction gave prior written consent. The Kitsap County sheriff signed an agreement with the police chiefs of four communities, including Poulsbo (collectively, the jurisdictions). The agreement created a joint task force complete with specific administrative functions and responsibilities. One of the key purposes of the agreement was to permit officers of each jurisdiction to exercise their peace-officer powers in the other jurisdictions. This agreement was not ratified by the state legislature. A Poulsbo police officer arrested Thomas Plaggemeier (defendant) outside of Poulsbo’s municipal limits. The state (plaintiff) charged Plaggemeier with driving under the influence of intoxicants. Plaggemeier filed a motion to dismiss the charge on the ground that the arrest was unlawful because the police officer was outside of his jurisdiction and the jurisdictions’ agreement had not been ratified by the legislature. The Kitsap County District Court granted the motion and dismissed the charge. The state appealed.
Rule of Law
Issue
Holding and Reasoning (Seinfeld, J.)
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