Washington v. Ortega (Majority and Concurrence)
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A police officer positioned on a second floor observed Defendant Gregorio Ortega commit acts that gave the officer probable cause to believe Defendant was engaged in drug traffic loitering, a gross misdemeanor. The officer radioed fellow officers, described what he was witnessing, and instructed them to arrest Defendant. One of the arresting officers searched Defendant and found crack cocaine and cash. Defendant unsuccessfully moved the trial court to suppress evidence of the drugs and cash, and he was convicted of possession of cocaine with intent to deliver. The issue before the Supreme Court on appeal was whether an officer has lawful authority to arrest a gross misdemeanor suspect based solely on whether the officer who directs the arrest from a remote location is an "arresting officer." After review, the Supreme Court concluded that unless a statutory exception applies, an officer may arrest a misdemeanor suspect without a warrant only if the officer was present when the misdemeanor was committed. Here, the officer who arrested Defendant was not present when the misdemeanor occurred, and the record did not support a finding that the officer who observed the offense was an "arresting officer."
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