HomeMy WebLinkAbout1997-051 Criminal Background Checks ORDINANCE NO. 97- 51
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 traffic infraction to determine if he or she is a wanted person; and enacting a
new section Section 6.02.105 of the City of Yakima Municipal Code.
WHEREAS, the Yakima City Council, by unanimous vote pursuant to Article VI,
Section 2 of the City of Yakima Charter, hereby declares there to be a public emergency as
a result of the Washington State Supreme Court's decision of August 28,1997 in State v.
Rife, Docket Number 64305 -9 (1997), wherein the Court ruled that absent authority, police
officers are not lawfully empowered to search a person's criminal record for outstanding
warrants in the course of a stop for a traffic infraction; and
WHEREAS, there being no explicit authority in the Yakima Municipal Code for
City of Yakima Police Officers to search a person's criminal background history in the
course of a stop for a traffic infraction to determine if he or she is a wanted person, and
WHEREAS, there being the likelihood that the Washington State Supreme Court's
decision in State v. Rife, Docket Number 64305 -9 (1997), may affect the City of Yakima
Police Department's ability to conduct a criminal background check in the course of a stop
of a person for a traffic infraction, and
WHEREAS, it is necessary to provide for the immediate preservation of the public
peace, health and safety by empowering City of Yakima Police Officers with the legal
authority and power to search a person's criminal background history in the course of a
stop for a traffic infraction to determine if the person stopped is a wanted person; and
WHEREAS, the City Council finds that granting Yakima Police Officers the legal
authority to search a person's criminal background history in the course of a stop for a
traffic infraction to determine if he or she is a wanted person is needed to provide for the
immediate preservation of the public peace, property, health, and safety of the public and
police officers.
NOW THEREFORE BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.02.105 of the City of Yakima Municipal Code is hereby
enacted as a new section 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. All such criminal background checks, as referenced in subsection A above, shall
be done at the scene of the 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. The absence of legal authority to conduct criminal background
checks to determine whether persons stopped for traffic infractions are wanted persons
jeopardizes the ability of the City to provide for the immediate preservation of the public
peace, property, health, and safety. Therefore, an emergency is declared under Article VI,
Section 2, of the City of Yakima Charter, and this ordinance shall take effect on September
10, 1997.
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PASSED BY THE CITY COUNCIL, signed and approved this 10 day of
September, 1997. de,--
y Mayor
ATTEST:
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CITY CLERK
Publication Date: 9/12/97
Effective Date: 9/10/97
EMERGENCY BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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Item No. y°
For Meeting Of 6 / t
ITEM TITLE: An ordinance relating to law enforcement by the Yakima Police
Department, granting Yakima Police Officers the necessary authority to conduct criminal
background checks on persons stopped for traffic infractions; and enacting as a new section
Section 6.02.105 of the City of Yakima Municipal Code.
SUBMITTED BY: Don Blesio, Chief of Police;
M. Scott Brumback, Assistant City Attorney
CONTACT PERSON/TEL. #: M. 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 and policy 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 to determine if the person stopped is a wanted person. The Washington State
Supreme Court in State v. Rife stated in its summary and conclusions that, "[t]he
legislature did not grant police officers authority to search for outstanding warrants upon
making a stop for a traffic infraction." State v. Rife, at page 4. No equivalent authority
exists in the Yakima Municipal Code which explicitly grants Yakima Police officers the
authority to run a warrants background check on persons stopped for a traffic infraction.
The enactment of Section 6.02.105 would empower Yakima Police Officers with the
necessary authority to run a warrants background check on a person stopped for a traffic
infraction to determine if that person is a wanted person who should be taken into custody
to preserve the public peace and provide for the public safety.
Resolution Ordinance x Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
Cit Manager
STAFF RECOMMENDATION: Pass ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: