State v. Plaggemeier

• Citation: 93 Wn.App. 472,969 P.2d 519
• Decision Date: 08 January 1999
• Docket Number: No. 22031-8-II,22031-8-II
• Court: Court of Appeals of Washington
• Parties: STATE of Washington, Petitioner, v. Thomas L. PLAGGEMEIER, Respondent.

Page 472

93 Wn.App. 472

969 P.2d 519

STATE of Washington, Petitioner, v. Thomas L. PLAGGEMEIER, Respondent.

No. 22031-8-II.

Court of Appeals of Washington Division 2.

Jan. 8, 1999.

Pamela Beth Loginsky, Kitsap Co. Deputy Pros. Atty, Port Orchard, for Appellant

John L. Cross, Ronald D. Ness & Associates, Port Orchard, for Respondent.

SEINFELD, P.J.

The State appeals the dismissal of a driving citation issued by a Poulsbo police officer who arrested the driver outside Poulsbo city limits. The officer was acting pursuant to the consent provision of a Mutual Aid Agreement among five jurisdictions. The trial court dismissed the charge, finding the agreement invalid because it failed to comply with the Interlocal Cooperation Act, RCW 39.34. We conclude that the consent section of the agreement, which allows the police officers of each jurisdiction to exercise their police powers within the other four jurisdictions, is independently enforceable under the Washington Mutual Aid Peace Officers Powers Act of 1985, RCW 10.93.070. Consequently, we reverse.

FACTS

The Kitsap County Sheriff and the police chiefs of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo signed a Mutual Aid Agreement (Agreement) that was to commence on December 15, 1995. The preamble of the Agreement states:

Whereas, an entity known as the Bremerton-Kitsap County DWI Task Force has been created for the purpose of targeting, apprehending and successfully prosecuting individuals guilty of traffic infractions and offenses in general and DWI's in particular; and

Whereas, it is the desire of various law enforcement agencies within Kitsap County to participate in such Task Force; and

Whereas, multi-agency participation in such a Task Force is possible by virtue of the Washington Mutual Aid Peace Officer Powers Act set forth in Chapter 10.93 RCW and/or by the Interlocal Cooperation Act set forth in Chapter 39.34 RCW;

Sections 1 through 10 of the Agreement provide for the None of the five law enforcement agencies submitted the Agreement to their governing legislative bodies for ratification. Nor did any of them file the Agreement with their county auditor.

creation of the task force and contain provisions related to the one year length of the agreement; the financial responsibility of each agency; the creation of a "joint board" to administer the agreement; the designation of a task force coordinator and a description of the coordinator's responsibilities; and the liability of the coordinator's employer. Sections 11 and 12 of the Agreement deal with the consent of the signatories "to the full exercise of peace officer power within their respective jurisdictions" by officers engaged in Task Force operations and provide that the consent "shall be valid" during the signatories' tenure. ¹

In April 1996, a Poulsbo police officer, acting pursuant to the agreement, arrested Thomas Plaggemeier outside the city limits and cited him for driving while under the influence of intoxicants. Plaggemeier moved for dismissal of the charge, claiming that the arresting officer was acting outside his geographic jurisdiction and, thus, the arrest was unlawful. The Kitsap County District Court agreed and dismissed the charge, concluding that: (1) the Agreement was prepared pursuant to the Washington Mutual Aid Peace Officers Powers Act of 1985, RCW 10.93 (Mutual Aid Act); (2) RCW 10.93.130 mandated that the Agreement comply with the Interlocal Cooperation Act, RCW 39.34; (3) under the Interlocal Cooperation Act, the Agreement was not effective until ratified by the local legislative body and filed with the county auditor and secretary of state; and (4) because the Agreement failed to comply with RCW 39.34, the arresting officer lacked legal authority for the arrest.

The State appealed to Kitsap County Superior Court,

which affirmed the dismissal. We then accepted discretionary review. On appeal, the State argues that RCW 10.93 does not require that a law enforcement mutual aid agreement comply with RCW 39.34.

DISCUSSION

I. THE MUTUAL AID AGREEMENT AND THE INTERLOCAL COOPERATION ACT

The following provision of the Mutual Aid Act is at issue here and states in pertinent part:

Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance.

RCW 10.93.130.

Plaggemeier contends that a plain reading of the statute indicates that compliance with RCW 39.34 is necessary to validate any law enforcement mutual aid agreement. The State, in turn, asks us to liberally construe RCW 10.93 to allow law enforcement agencies to enter into contracts or agreements on their own initiative. It contends that requiring all mutual aid agreements to comply with RCW 39.34 would render RCW 10.93 surplusage.

The Fourth Amendment and Article I, Section 7 of the Washington State Constitution require a police officer to act under lawful authority. City of Wenatchee v. Durham, 43 Wash.App. 547, 549-50, 718 P.2d 819 (1986). An arrest made beyond an arresting officer's jurisdiction is equivalent to an arrest without probable cause. State v. Rasmussen, 70 Wash.App. 853, 855, 855 P.2d 1206 (1993); Durham, 43 Wash.App. at 550, 718 P.2d 819.

The Legislature enacted the Mutual Aid Act to modify common law restrictions on law enforcement authority. RCW 10.93.001(2); ² Rasmussen, 70 Wash.App. at 855, 855 P.2d 1206; see also Sheimo v. Bengston, 64 Wash.App. 545, 549, 825 P.2d 343 (1992). To give effect to that intent, RCW 10.93 sets forth circumstances under which a law enforcement officer may enforce criminal and traffic laws outside the officer's jurisdiction. RCW 10.93.070; ³ Rasmussen, 70 Wash.App. at 855, 855 P.2d 1206; Sheimo, 64 Wash.App. at 549, 825 P.2d 343. The Legislature also mandated liberal construction of the Mutual Aid Act. RCW 10.93.001(3); ⁴ Rasmussen, 70 Wash.App. at 857 n. 2, 855 P.2d 1206; see also Sheimo, 64 Wash.App. at 551, 825 P.2d 343.

Construction of a statute is a question of law that we review de novo. Rettkowski v. Department of Ecology, 128 Wash.2d 508, 514-15, 910 P.2d 462 (1996). When a statute is clear and unambiguous on its face, we need not resort to methods of statutory construction. Rettkowski, 128 Wash.2d at 515, 910 P.2d 462; State v. Kazeck, 90 Wash.App. 830, 833, 953 P.2d 832 (1998). But if a statute is susceptible of two or more reasonable interpretations, we will engage in statutory construction to ascertain and give effect to legislative intent. Washington Pub. Employees Assoc. v. Washington Personnel Resources Bd., 91 Wash.App. 640, 652, 959 P.2d 143 (1998); City of Redmond v. Central Puget Sound Growth Management Hearings Bd., 136 Wash.2d 38, 53, 959 P.2d 1091 (1998). In doing so, we construe the statute as a whole, give effect to all its language, and harmonize all provisions in their relation to each other. City of Seattle v. Fontanilla, 128 Wash.2d 492, 498, 909 P.2d 1294 (1996); Washington Pub. Employees Assoc., 91 Wash.App. at 652, 959 P.2d 143.

We find no case law discussing RCW 10.93.130, and the legislative history provides no insight into the Legislature's intent regarding this provision. But a plain reading of the statute, in context with the remaining provisions of RCW 10.93 and with RCW 39.34, shows that its function is to inform law enforcement agencies that they have authority under the Interlocal Cooperation Act, RCW 39.34, to enter agreements for mutual law enforcement assistance. ⁵ A corollary of RCW 10.93.130 is that mutual law enforcement assistance agreements must comply with RCW 39.34 and obtain legislative ratification. ⁶ Legislative ratification of mutual aid agreements is necessary because such agreements involve the allocation of fiscal resources that properly fall under the function of local legislative bodies. See In re Juvenile Director, 87 Wash.2d 232, 248, 552 P.2d 163 (1976).

This reading of RCW 10.93.130 does not render RCW 10.93 surplusage. RCW 10.93.130, a provision of very limited scope, merely gives notice of an agency's authority under RCW 39.34 to enter a mutual law enforcement assistance agreement. It does not independently grant authority to enter such agreements; RCW 39.34 does.

Other provisions of RCW 10.93 support this reading of RCW 10.93.130. RCW 10.93 authorizes extrajurisdictional enforcement action in six circumstances and RCW 10.93.130 relates to only one of those circumstances - action taken "[i]n response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary jurisdiction." RCW 10.93.070(3) (emphasis added). RCW 10.93.130 does not touch upon actions taken pursuant to RCW 10.93.070(1) (upon prior written consent), (2) (in response to an emergency), (4) (when transporting a prisoner), (5) (when executing an arrest or search warrant), or (6) (in fresh pursuit) because such actions do not rely upon a mutual law enforcement assistance agreement. Similarly, RCW 10.93.130 does not deal with the second provision of RCW 10.93.070(3), which authorizes action "in response to the request of a peace officer with enforcement authority." Consequently, our interpretation of RCW 10.93.130 does not render RCW 10.93 surplusage.

The State next seeks to avoid RCW 39.34 by arguing that the Legislature intended RCW 10.93 to "confer powers of law enforcement upon agencies beyond that" granted by RCW 39.34. It contends that Sheimo, 64 Wash.App. at 549, 825 P.2d 343, supports this argument. We disagree.

The Sheimo court did not address either RCW 10.93.130 or RCW 39.34. ⁷ It merely recognized that RCW 10.93 "expanded the authority of law enforcement officers to act throughout the state in a variety of circumstances" including those set forth in RCW 10.93.070(2) and (3). Sheimo, 64 Wash.App. at 549, 825 P.2d 343...