SNOHOMISH COUNTY — The Legislature wants to return the ability for law enforcement to pursue vehicles under more circumstances after restrictions were placed two years ago.
Proposed changes that cleared the House last week would allow an officer to ask to pursue based on reasonable suspicion that anybody in the vehicle committed a violent offense, a sex offense, a vehicular assault offense, a domestic violence assault offense or is driving under the influence. It's a less strict threshold than requiring probable cause for arrest to initiate a pursuit.
Not being returned is the ability to pursue for stolen vehicles or property crimes.
Local viewpoints on this part have been split.
Sheriff Adam Fortney, in an official statement, said this “does not address vehicle thefts, burglaries, assault on a police officer, or other serious assaults. I do not support allowing burglary or assault suspects to continue to drive away. While this is a step in the right direction, we must continue to work towards a balanced approach that will send a message to criminals that they cannot commit a crime and drive away from law enforcement.”
The countywide lobby group Mayors and Business Leaders for Public Safety wants stolen vehicles back on the list.
“We are happy they gave back the reasonable suspicion test,” coalition member Lake Stevens Mayor Brett Gailey said. He said he thinks not having the power to pursue on vehicle thefts has emboldened criminals. Vehicle thefts have increased statewide.
Fortney said as a candidate running for re-election that law enforcement should retain the discretion to be able to pursue on vehicle thefts and property thefts.
If police catch someone leaving a burglary and get into a vehicle, Fortney said by email, “right now under state law, we watch them drive away if your stuff is in their vehicle. This is not okay.”
“Not every stolen car should be chased in Snohomish County, but if the traffic conditions, speeds, and other safety conditions are met, the police should have the discretion to make that decision in real-time, along with their supervisor,” Fortney wrote.
Susanna Johnson is challenging Fortney in this fall’s election for county sheriff.
Johnson said by email that for most non-felony situations, immediate apprehension comes second to public safety risks created by police pursuits.
“In my three decade career in law enforcement, I have experienced the often contradictory pressures facing frontline officers. In these situations, given the elevated risks posed by high speed engagement of a suspected crime, it is critical to provide needed clarity and flexibility, but also limits on when pursuit is advisable or permissible,” Johnson said by email.
Johnson said she appreciated the bipartisan effort to amend the law. “Changing the threshold of pursuit to reasonable suspicion from probable cause provides law enforcement with greater discretion, while the addition of crimes of violence, such as domestic violence and vehicular assault will help make our communities safer,” Johnson said.
The Legislature raised the threshold to probable cause in 2021’s wave of police reform laws.
Last week, a bipartisan House approved the modification 57-40.
All legislators local to Snohomish County who cast votes voted yes April 10.
