Legal Opinion

State v. Ortega

Court of Appeals of Washington

Decided February 7, 2011No. 64008-9-IPublishedCited by 3 opinions

1Opinion of the CourtAppelwick, J.

¶1 — Ortega appeals his conviction for possession of cocaine with intent to deliver. Ortega argues the arresting officer did not have the authority to arrest him without a warrant because Ortega did not commit a misdemeanor in the officer’s presence as required by RCW 10.31.100. Therefore, the search incident to that arrest was illegal, and the evidence should have been suppressed. The State responds that the arresting officer had probable cause to arrest Ortega for a felony and that the “fellow officer” rule provided the arresting officer with probable cause to arrest Ortega for a…

Also in this document: Concurrence.

2Cases cited23 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. United States v. WatsonSupreme Court of the United States · 1975
  3. State v. JohnsonWashington Supreme Court · 1996
  4. State v. GaddyWashington Supreme Court · 2004
  5. State v. GaddyWashington Supreme Court · 2004

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3Cited by3 opinions

  1. State v. OrtegaWashington Supreme Court · 2013
  2. State v. Bravo OrtegaWashington Supreme Court · 2013
  3. State v. OrtegaCourt of Appeals of Washington · 2011

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