(1) The arrest of a
person may be lawfully made also by any peace officer or a
private person, without a warrant upon reasonable information
that the accused stands charged in the courts of a state with a
crime punishable by death or imprisonment for a term exceeding
one year, but when so arrested the accused must be taken before a
judge or magistrate with all practicable speed and complaint must
be made against him or her under oath setting forth the ground
for the arrest as in RCW 10.88.320; and thereafter his or her
answer shall be heard as if he or she had been arrested on a
warrant.
(2) An officer of the United States customs service or the
immigration and naturalization service may, without a warrant,
arrest a person if:
(a) The officer is on duty;
(b) One or more of the following situations exists:
(i) The person commits an assault or other crime involving
physical harm, defined and punishable under chapter 9A.36 RCW,
against the officer or against any other person in the presence
of the officer;
(ii) The person commits an assault or related crime while
armed, defined and punishable under chapter 9.41 RCW, against the
officer or against any other person in the presence of the
officer;
(iii) The officer has reasonable cause to believe that a
crime as defined in (b)(i) or (ii) of this subsection has been
committed and reasonable cause to believe that the person to be
arrested has committed it;
(iv) The officer has reasonable cause to believe that a
felony has been committed and reasonable cause to believe that
the person to be arrested has committed it; or
(v) The officer has received positive information by
written, telegraphic, teletypic, telephonic, radio, or other
authoritative source that a peace officer holds a warrant for the
person's arrest; and
(c) The regional commissioner of customs certifies to the
state of Washington that the customs officer has received proper
training within the agency to enable that officer to enforce or
administer this subsection.
[2010 c 8 § 1076; 1979 ex.s. c 244 § 16; 1971 ex.s. c 46 § 14.]
NOTES:
Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.