AN ORDINANCE relating to warrants checks; authorizing a peace officer who has detained a person based on probable cause to believe the person has committed a crime, violation or infraction to conduct a check for outstanding warrants for the person; and amending Section 11.59.090 and Section 12A.02.140 of the Seattle Municipal Code.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Legislative findings.

The City Council finds that authorizing a Seattle police officer to check for outstanding warrants on a person whom the officer has detained, based on probable cause to believe the person has committed a crime, violation or infraction, is necessary to protect the safety of the officer and the public, increases the likelihood that fugitives will be arrested and aids in confirming an individual's true identity.

The time needed to verify a person's identity, including the time needed to check for outstanding warrants, is relatively brief and is an insubstantial intrusion on the person's liberty.

Section 2. Section 11.59.090 of the Seattle Municipal Code (Ordinance 108200 section 2 (11.59.090), as last amended by Ordinance 115040 section 4), is further amended as follows:

11.59.090 Duty to obey peace officer Traffic infraction Authority to detain and check for warrants.

A. Any person requested or signaled to stop by a peace officer for a traffic infraction has a duty to stop.

B. Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person and check for outstanding warrants and, if applicable, check the status of the person's license, insurance identification card, and the vehicle's registration, and complete and issue a notice of traffic infraction.

C. Any person requested to identify himself to a peace officer pursuant to an investigation of a traffic infraction has a duty to identify himself or herself, give his or her current address, and sign an acknowledgment of receipt of the notice of infraction. (RCW 46.61.021)

Section 3. Section 12A.02.140 of the Seattle Municipal Code (Ordinance 102843 section 12A.01.140, as last amended by Ordinance 107309 section 1) is further amended to read as follows:

12A.02.140 Arrest-Citations Authority to detain and check for warrants.

A. As used in this section, "crime" has the meaning specified in Section 12A.02.060.

B. A peace officer may arrest a person without a warrant if the officer has probable cause to believe that such person has committed a crime.

C. Whenever a person is arrested under subsection B, the arresting officer, or any other authorized peace officer, may serve upon the arrested person a citation and notice to appear in municipal court, in lieu of continued custody, as provided by the Rules of Courts of Limited Jurisdiction.

D. Whenever a peace officer has probable cause to believe that a person has committed a crime, violation or infraction under any ordinance of the City, the officer may detain such person for a reasonable period of time necessary to identify the person and check for outstanding warrants.

E. D. Whenever a peace officer has probable cause to believe that a person has committed a violation as defined in Section 12A.02.060, the officer he will issue such person a citation and notice to appear in municipal court in the same manner as provided by the Rules of Courts of Limited Jurisdiction unless:

1. The officer He is unable to reasonably ascertain the actor's identity; or

2. The officer He reasonably believes that the identification is not accurate, in either of which cases the person may be arrested.

F. E. Upon an arrest as provided in subsection E D, such person may be held only to be photographed, administratively searched and fingerprinted, and must be released immediately upon identification.

G. F. If a person violates his or her promise to appear in court given in accordance with subsections C or E D, a warrant may be issued for his or her arrest and bail may be set.

Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 1997, and signed by me in open session in authentication of its passage this _____ day of _________________, 1997.

_____________________________________

President _______ of the City Council

Approved by me this _____ day of _________________, 1997.

___________________________________________

Mayor

Filed by me this _____ day of ____________________, 1997.

___________________________________________

City Clerk

(Seal)

RG: RG November 24, 1997 ARREST.DOC (Ver. 5)