HomeMy WebLinkAbout1997-052 Criminal backgound Checks ORDINANCE NO. 97 -_
AN ORDINANCE relating to law enforcement; granting City of Yakima Police Officers
the necessary power and legal authority to search a person's criminal history in the course
of a stop for a non - traffic infraction to determine if he or she is a wanted person; and
amending Section 6.02.105 of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.02.105 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.02.105 Criminal Background Checks- Police Authority.
A. City of Yakima Police Officers may conduct criminal background checks on a
person stopped for committing a traffic infraction under the Yakima Municipal Code
or the Revised Code of Washington, as now and hereafter amended, to determine
whether the person stopped is a wanted person.
B. City of Yakima Police Officers may conduct criminal background checks on a
person stopped for committing a non - traffic infraction under the Yakima Municipal
Code or the Revised Code of Washington, as now and hereafter amended, to
determine whether the person stopped is a wanted person.
B- C. All such criminal background checks, as referenced in subsections A- and B
above, shall be done at the scene of the traffic or non - traffic stop whenever
practicable, and all criminal background checks conducted shall be done in such a
manner as to not cause undue delay in the detention of the person stopped."
Section 2. This ordinance shall be in full force and effect 30 days after its
passage, approval and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 16 of
September, 1997.
yn Buchanan, Mayor
ATTEST:
CITY CLERK
Publication Date: 9 - 19 - 97
Effective Date: 10 - 19 - 97
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of C I 1 t 1 q
ITEM TITLE: An ordinance relating to law enforcement of non - traffic infractions;
amending section 6.02.105 of the City of Yakima Municipal to grant Yakima Police
Officers the power and legal authority to run a criminal background check on persons
stopped for non - traffic infractions to determine if the person stopped is wanted.
SUBMITTED BY: Don Blesio, Chief of Police
Scott Brumback, Assistant City Attorney
CONTACT PERSON/TEL #: Scott Brumback, Assistant City Attorney, 575 -6033
SUMMARY EXPLANATION: The Washington State Supreme Court's decision of
August 28,1997 in State v. Rife, number 64305 -9 (1997), appears to invalidate the Yakima
Police Department's practice of running a criminal background check on a person lawfully
detained by a Yakima Police Officer in association with a stop for a traffic infraction. On
September 10, 1997, the Yakima City Council in emergency session voted unanimously to
adopt a new ordinance, 6.02.105, granting Yakima Police Officers the authority to run
• criminal background checks on persons stopped for a traffic infraction. No authority now
appears to exist in the Yakima Municipal Code which grants Yakima Police officers the
authority to run a warrants background check on persons stopped for non - traffic
infractions. Amending Section 6.02.105 would explicitly empower Yakima Police Officers
with the necessary authority to run a warrants background check on a person stopped for a
non - traffic infraction to determine if that person is wanted.
Resolution Ordinance x Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pass ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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