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Being Arrested

RCW 10.31.100 — probable cause of a felony, or a misdemeanor in the officer's presence

A Washington officer with probable cause to believe a person committed a felony may arrest without a warrant. For a misdemeanor or gross misdemeanor, a warrantless arrest is allowed only when committed in an officer's presence, except in the cases the section lists, among them:

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  • Probable cause of an offense involving physical harm or threats of harm to a person or property, or taking property.
  • Cannabis use or possession, or alcohol by someone under twenty-one.
  • Criminal trespass.

An officer must arrest a person who probable cause shows has violated a known domestic violence, sexual assault, stalking or vulnerable adult protection order, among other mandatory arrests the section names.

Sources for this section (1)
  1. RCW 10.31.100 — Arrest without warrant

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.

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