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STATE v. BAITY

No. 66876-1.

991 P.2d 1151 (2000)

140 Wash.2d 1

STATE of Washington, Appellant, v. Michael BAITY and Edward Arnestad, Respondents.

Supreme Court of Washington, En Banc.

Decided February 3, 2000.

Attorney(s) appearing for the Case

Nielsen, Broman & Associates, David Bruce Koch, Seattle, for Amicus Curiae on behalf of Washington Association of Criminal Defense Attorneys.

John Ladenburg, Pierce County Prosecutor, Michael Sommerfeld, Barbara Corey-Boulet, Deputies Pierce County Prosecutor, Tacoma, for Appellant State.

John Cross, Port Orchard, for Respondents.

TALMADGE, J.

We are asked in this case to determine if a drug recognition protocol, used by trained drug recognition officers to determine if a suspect's driving is impaired by a drug other than alcohol, meets the requirements of Frye v. United States, 293 F. 1013, 34 A.L.R. 145 (1923), for novel scientific evidence. We hold that the protocol meets the mandate of Frye. An officer may testify concerning such...

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