Proposed Rules Archives

• Proposed Changes to CrR 3.2.1 - Procedure following warrantless arrest - preliminary appearance (in Word Format)
• Comments Received for CrR 3.2.1 - Procedure following warrantless arrest - preliminary appearance

Purpose: Depending on the jurisdiction, it may be highly inconvenient for a judicial officer to travel to a jail or courthouse for the purpose of making a 48-hour probable cause determination. Computer technology has progressed to the point that conducting such determinations by e-mail or fax is a readily available and reliable option.

It is submitted that CrR 3.2.1 should be amended to allow transmission of evidence and documentation concerning probable cause to the court by fax or e-mail. The rule should also provide that the court’s authorization may be sent by e-mail.

At this time, there is no request to amend the comparable rule for courts of limited jurisdiction.