JACQUES v. SHARP

No. 35975-4-I.

922 P.2d 145 (1996)

83 Wash.App. 532

Robert G. JACQUES and Alynne Jacques, husband and wife, Respondents, v. Linda SHARP and Michael Sharp, husband and wife, Defendants, and The City of Seattle, Petitioner.

Court of Appeals of Washington, Division 1.

September 9, 1996.


Attorney(s) appearing for the Case

Philip Sidney Morgan, Seattle, for respondents.

Mark Gregory Honeywell, Gordon, Thomas, Honeywell, Malanca Peterson & Daheim, Seattle, for defendant Linda Sharp.

Nancy Tiemann McKinley, Fallon & McKinley, Seattle, for defendant Michael Sharp.

Theron A. Buck, Stafford Frey Cooper, Seattle, for petitioner City of Seattle.


COX, Judge.

We must decide whether, as a matter of law, there was probable cause to arrest Robert Jacques for violating a provision of an agreed order for protection that restrains him "from entering the area known as `Magnolia' in Seattle, Washington." We hold that there was no probable cause to arrest him on this basis and that the trial court did not err in denying the City's motion for summary judgment. Accordingly, we affirm.

In September 1991, Seattle...

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