looking for lawyer to file fault's arrest claim torwards fort lewis MP

[ek9r]

What is the name of your state? Washington State

Back in August I was on a back road between the 2 military bases of fort lewis and mccord AFB.
I was pulled over for speeding and then arrested for DWSL & taken into custody ... car was inpounded even though there was someone else with me with a valid DL ....
I was cuffed and placed in the back of the MP Cruiser and me and my passanger where trasported 4 miles off base and then released.


After looking at Rcw law for the DWSL violation it says that Yes I can get arrested for the charge of DWSL "but only if I had committed an act of Domestic violence could I be taken into custody"....

Anyone out there know who will take on this challenge?

Have you ever committed an act of domestic violence?

[racer72]

Please post the exact RCW's of which you have a problem with.

[harbor14]

Originally Posted by ek9r

What is the name of your state? Washington State

Back in August I was on a back road between the 2 military bases of fort lewis and mccord AFB.
I was pulled over for speeding and then arrested for DWSL & taken into custody ... car was inpounded even though there was someone else with me with a valid DL ....
I was cuffed and placed in the back of the MP Cruiser and me and my passanger where trasported 4 miles off base and then released.


After looking at Rcw law for the DWSL violation it says that Yes I can get arrested for the charge of DWSL "but only if I had committed an act of Domestic violence could I be taken into custody"....

Anyone out there know who will take on this challenge?

I am making an assumption; you were arrested for DWLS (Driving while license supended); first question what degree?

MPs/SPs operate under FEDERAL jurisdiction with some concurrent state jurisdiction.

Where you found that you will only be taken into custody for DV and how that equates to DWLS is beyond me. If you are arrested for either you are in custody. The DV law in Washington is extremely strict - you will go to jail - no questions asked.

The DWLS law allows an officer to issue a criminal citation in lieu of taking you to jail - his choice.

You were on federal property - they operate under different rules. Article I section 7 of the Washington constitution doesnt apply to them. Only the 4th Amendment standard applies.

You are talking apple and oranges.

And no, I doubt any attorney is going to waste his time with this as there is no case.

[racer72]

Hey ek9r, I was born and raised in the Parkland area, where exactly did this happen? Did you know that the MP's at both Ft. Lewis and McChord are considered police officers and may make arrests, even off base? And that both bases have agreements with the state of Washington that makes state law valid on both posts? Oh, and what you want is called false arrest, not faults arrest. Your lack of spelling knowledge apparently coinsides with your lack of knowledge of the laws too. And the definition of false arrest is being arrested and held by someone that does not have the authority to make an arrest. The MP's have the authority.

[poppakeith]

racer72,

>And the definition of false arrest is being arrested and held by someone that does not have the authority to make an arrest. The MP's have the authority.

What you say would be true, except for the fact that any arrest must be made within the scope of authority posessed. Simply being an MP (or other cop) does not provide carte blanche in the arrest game. Even MPs can (and have been known to) make a false arrests. There is also a thing known as a "Citizen's Arrest". "Authority" comes with restraints. Some room is visible in the reported circumstances for a contesting arrest under the laws on abuse of authority. Oddly enough, some states (don't know about MP rules) refer to one at a traffic stop as "detained", others as "arrested". To elevate a detention into an arrest requires cause.

[racer72]

To elevate a detention into an arrest requires cause.

Driving without a valid driver's license in the state of Washington is just cause for arrest.

[CdwJava]

Did you read Harbo14's response? He IS a WA police officer.

He stated: "The DWLS law allows an officer to issue a criminal citation in lieu of taking you to jail - his choice." Therefore, the arrest was at the discretion of the officer.

Additionally, what would you prefer the officer to do? Leave you on a back road in the middle of nowhere? Sorry, but at least in my state I'd get my tail sued if I did that and anything happened to you - I imagine the same holds true in WA. We would transport you.

And if you were on base property, they had every right to remove you from said property. Heck, they could have tossed you in the clink had they wanted to. You lose a lot of rights on a military base.

If you think you have a case (and I doubt you do) then contact a local attorney and see what they have to say.

- Carl

[CdwJava]

Sorry, you lose ...

RCW 10.31.100

(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

(e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

According to this section, the officer may make the arrest.

- Carl