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STATE v. WALKER

No. 76743-2.

138 P.3d 113 (2006)

157 Wash.2d 307

STATE of Washington, Respondent, v. Ashley Marie WALKER, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 13, 2006.

Attorney(s) appearing for the Case

Steven P. Martonick, Snyder & Martonick Law Offices, Pullman, for Petitioner/Appellant.

Byron Bedirian, Whitman County Prosecutor's Office, Colfax, for Appellee/Respondent.

Pamela Beth Loginsky, Washington Assoc. of Prosecuting Attorneys, Olympia, for Amicus Curiae Washington Association of Prosecuting Attorneys.

Suzanne Lee Elliott, Seattle, for Amicus Curiae Washington Association of Criminal Defense Lawyers.

C. JOHNSON, J.

¶ 1 This case involves a constitutional challenge to RCW 10.31.100(1), which codifies and expands the common law rule allowing for warrantless misdemeanor arrests only when the misdemeanor occurs in the officer's presence. The statute authorizes warrantless arrests in certain circumstances. In this case, the petitioner was arrested without a warrant for a misdemeanor involving the use of cannabis not occurring in the presence of the officer. In...

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