Legal Opinion

State v. Caldera

Court of Appeals of Washington

Decided January 9, 1997No. 15015-1-III, 15053-4-IIIPublishedCited by 7 opinions

1Per curiam

By statute, an officer arresting a person under the authority of a warrant must read the warrant to the person and take the person wishing to deposit bail "directly and without delay” before a judge. RCW 10.31.030; State v. Smith, 56 Wn. App. 145, 783 P.2d 95 (1989), review denied, 114 Wn.2d 1019 (1990). Both Carmen Caldera and Eric Hamilton 1 were arrested under the authority of a warrant. The police searched them before reading them the warrant or allowing them to post bail. We reaffirm our holding in Smith and reverse. 2 RCW 10.31.030 unequivocally requires that police allow a defendant to…

2Cases cited7 opinions

  1. Westerman v. CaryWashington Supreme Court · 1995
  2. United States v. Harold E. MillsCourt of Appeals for the D.C. Circuit · 1972
  3. State v. WilliamsCourt of Appeals of Washington · 1988
  4. State v. KerensCourt of Appeals of Washington · 1973
  5. State v. SmithCourt of Appeals of Washington · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. RossCourt of Appeals of Washington · 2001
  2. State v. RossCourt of Appeals of Washington · 2001
  3. State v. BrownSupreme Court of Rhode Island · 2006
  4. State v. SalinasCourt of Appeals of Washington · 2012
  5. State v. JordanCourt of Appeals of Washington · 1998

2 more not listed; retrieve them via the Exa API.

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