Initiative gives more leeway on police pursuits

OLYMPIA — Just three years after the Legislature implemented restrictions on police pursuits, lawmakers backtracked after an initiative received overwhelming voter support.

The new rules on engaging in high-speed pursuits become law June 5.

“As you know, the people of the state are suffering, increasing rates of crime, property, crime, violent crime,” said Rep. Jim Walsh, R-Aberdeen. “When I talked to cops and sheriff’s deputies, they told me the one thing more than anything else that we need is the ability to chase bad people.”

Under that standard, vehicular pursuits were limited to when officers had “probable cause” that a person in a vehicle committed a violent offense, a sex offense, domestic violence-related offenses, driving under the influence of alcohol or trying to escape arrest.

In Adams County, Sheriff Dale Wagner has been a vocal opponent of the restrictions the Legislature implemented in 2021, as has Sen. Mark Schoesler, R-Ritzville.

At the time, Schoesler called the restrictions a “bad idea.”

The standard was changed back to “reasonable suspicion” in 2022.

This year, in an effort to relax these standards even more, less violent crimes such as theft were added to the list of crimes that can result in a chase.

“We have become the nation’s leader in car theft,” said Brian Heywood, who funds Let’s Go Washington, which promoted the initiative. “We’ve had skyrocketing increases in our car insurance rates. This is a direct result of an increased car theft caused by the inability of the police to pursue.”

Some opposed the change because they believe vehicular pursuits can actually put more people in danger. James McMahan of Washington Association of Sheriffs and Police Chiefs said the law does not change the fact that officers must engage in “the balancing test.”

For example, if an officer saw someone in a school zone with expired tabs, they likely would not begin a chase because it poses more harm to chase than it does to not.

Mason County Sheriff Ryan Spurling explained how officers see pursuits.

“I’ve been doing this 36 years and pursuits are dangerous. We need to find other alternatives,” Spurling said. “We don’t choose to pursue; the person chooses to flee.”

Spurling went on to explain that oftentimes when people choose to flee, they have committed multiple crimes, and this is where “the balancing test,” comes in.

While the initiative passed with bipartisan support, some lawmakers still voted no.

Rep. Debra Entenman, D-Kent, said she worked very hard with community stakeholders in changing the law in 2021, as well as the Coalition for Police Accountability. As a black woman, Entenman said the initiative is silencing voices.

According to Entenman, statistics show pursuits often mean “black and brown young men especially do not get to go home to their families.”