## Facts

- Kitsap County’s sheriff and the police chiefs of several cities signed a written “Mutual Aid Agreement” creating a multi-agency DWI task force.
- The Agreement included administrative provisions governing the task force’s duration, finances, joint administration, coordinator duties, and liability matters.
- The Agreement also included consent provisions stating that each jurisdiction granted officers from the other signatories full peace-officer powers within its boundaries.
- The agencies did not obtain legislative authorization or file the Agreement as required for interlocal agreements under RCW 39.34.
- A Poulsbo police officer, acting under the Agreement, arrested Thomas L. Plaggemeier for DUI outside Poulsbo city limits and issued a citation.
- Plaggemeier moved to dismiss, arguing the officer lacked authority outside Poulsbo because the Agreement was invalid for noncompliance with RCW 39.34.
- The district court dismissed the charge, and the superior court affirmed.

## Issues

1. Whether written consent for cross-jurisdiction police authority is valid under RCW 10.93.070(1) when the broader multi-agency agreement containing that consent does not comply with RCW 39.34.

## Decision

- The Court of Appeals reversed the dismissal and reinstated the DUI charge.
- The court held the Agreement contained two separable components: (1) task-force administration (implicating RCW 39.34) and (2) written consent to extrajurisdictional authority (governed by RCW 10.93).
- The written consent provisions were independently enforceable under RCW 10.93.070(1) and did not require RCW 39.34 compliance.
- Because valid written consent existed, the officer had authority to arrest Plaggemeier outside Poulsbo city limits.

## Legal Principles

- RCW 10.93.070(1) permits a peace officer to exercise authority in another jurisdiction when that jurisdiction’s law-enforcement executive has given prior written consent.
- RCW 39.34’s authorization and filing requirements apply to agreements establishing joint or cooperative undertakings with shared administration and related structural features.
- A single written instrument may be treated as containing severable agreements; invalidity of interlocal-administration provisions does not necessarily defeat independently valid statutory written-consent provisions.
- An extrajurisdictional arrest is lawful when supported by valid written consent under RCW 10.93, even if associated task-force governance terms are unenforceable under RCW 39.34.

## Conclusion

The court held that written interagency consent granting officers cross-jurisdiction police powers is enforceable under RCW 10.93.070(1) despite failure to satisfy RCW 39.34 formalities for the document’s separate task-force administrative provisions, so the DUI dismissal was reversed and the charge reinstated.


State v. Plaggemeier, 93 Wash. App. 472, 969 P.2d 519 (Ct. App. 1999)