Volume 61 — Washington Appellate Reports

<bold>[1] Arrest — Probable Cause — What Constitutes — In General.</bold> Probable cause to arrest exists when the totality of the facts and circumstances known to the police officer at the time of the arrest would warrant a reasonably prudent person to believe that an offense is being committed by the person to be arrested.<page_number>Page 36</page_number> <bold>[2] Arrest — What Constitutes — In General.</bold> An arrest has occurred for constitutional purposes when, by a show of authority, a suspect's freedom of movement is restrained. <bold>[3] Arrest — Warrantless Entry — Location of Arrest.</bold> For purposes of the rule that a police officer may not enter a residence to effect a warrantless arrest absent consent or exigent circumstances, the location of an arrest depends on the location of the suspect at the time the arrest is made. <bold>[4] Arrest — Warrantless Entry — Exigent Circumstances —</bold> <bold>Factors.</bold> Among the exigent circumstances which a court may consider in determining whether a police officer's entry into a residence to effect a warrantless arrest was justified are: hot pursuit, fleeing suspect, destruction of evidence, and the gravity of the underlying crime. <bold>[5] Arrest — Warrantless Entry — Exigent Circumstances — Hot</bold> <bold>Pursuit — What Constitutes.</bold> For purposes of determining whether circumstances are sufficiently exigent to justify a police officer's entry into a residence to effect a warrantless arrest, "hot pursuit" means some sort of a chase, even if the pursuit ends just after it begins. An arrest set in motion in a public place is not defeated by the suspect's escape into a private place. <bold>[6] Arrest — Warrantless Entry — Exigent Circumstances — Fleeing</bold> <bold>Suspect — Degree of Intrusion.</bold> A police officer need not obtain a warrant before pursuing a fleeing suspect and doing no more than is necessary to prevent the suspect's escape and to continue the investigation. <bold>[7] Arrest — Warrantless Entry — Exigent Circumstances —</bold> <bold>Destruction of Evidence — Blood Alcohol Level.</bold> The need to obtain evidence of blood alcohol level constitutes an exigent circumstance which, together with other exigent circumstances, may justify a police officer's entry into a residence to effect a warrantless arrest.

<bold>[1] Indictment and Information — Amendment — Charging Period —</bold> <bold>After State Rests.</bold> Absent an alibi defense or other substantial prejudice to a criminal defendant, an amendment to an information that changes the time period of the charge may be made after the State has rested its case in chief and the defendant has testified.<page_number>Page 59</page_number> <bold>[2] Sexual Offenses — Evidence — Hearsay — Hue and Cry —</bold> <bold>Identification of Perpetrator — Harmless Error.</bold> When hearsay evidence concerning the timeliness of a sexual abuse victim's complaint identifies the perpetrator, the error is harmless if the identification was not called for by the question, no objection was made at trial, and identification was not at issue.