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STATE v. POTTER

No. 23371-5-III.

119 P.3d 877 (2005)

STATE of Washington, Appellant, v. Jacob James POTTER, Respondent.

Court of Appeals of Washington, Division 3, Panel One.

September 13, 2005.

Attorney(s) appearing for the Case

Kevin M. Korsmo, Deputy Prosecuting Attorney, Spokane, WA, for Appellant.

William D. Edelblute, Attorney at Law, Spokane, WA, for Respondent.

SWEENEY, J.

¶ 1 Police must have probable cause to believe a crime has been or is being committed to arrest. But even a state statute which is ultimately determined to be unconstitutional can support that probable cause determination. Here, police arrested Jacob Potter for driving while his license was suspended. Two related statutes (but not the one Mr. Potter violated) had been ruled unconstitutional. Mr. Potter nonetheless claims that his arrest was unlawful...

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