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Roy v. City of Everett2/6/1992
nce of domestic violence as a serious crime against society . . . to assure the victim of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide . . . [and to ensure] that criminal laws enforced without regard to whether the persons involved are or were married, cohabiting, or involved in a relationship." RCW 10.99.010. The Legislature, when it passed the act, recognized the strong public interest in preventing
domestic abuse, as evidenced both by the explicit language of the statutory declaration of purpose and by the statutory provision which requires that an officer "exercise arrest powers" when he responds to a domestic violence call and has probable cause to believe a crime has been committed. RCW 10.99.030; cf. State v. Steinke, 88 Or. App. 626, 629, 746 P.2d 758, 760 (1987). Qualified "good faith" immunity best advances the purposes of the act because it effectively balances the interests of the victims of domestic violence, who are entitled to maximum police protection, and the interest of peace officers who must prevent crime and rapidly make decisions concerning the alleged victims and perpetrators of crimes, often in perilous circumstances. See Report of House Committee on Social and Health Services (Feb. 14, 1979); H. Rep. No. 438 (Feb. 20, 1979).
The extension of qualified good faith immunity to peace officers acting pursuant to the domestic violence act also accords with the position taken by this court in Guffey v. State, 103 Wash. 2d 144, 150-51, 690 P.2d 1163 (1984). In Guffey, state troopers stopped the Guffeys' car during a "spot check". A radio check on Mr. Guffey led the officers to believe that authorities wanted Guffey on an outstanding felony warrant. Guffey v. State, supra at 145. One of the officers approached Guffey's car with gun drawn, ordered Guffey from the car, and patted him down. Guffey v. State, supra at 146. The officer did not find a weapon, Guffey explained that the warrant was for his brother, and the troopers let Guffey leave. Guffey v. State, supra.
The Guffeys sued the State, the State Patrol, and individual state troopers for outrage, false arrest, and false imprisonment. The court held that:
n officer has a qualified immunity from liability for false arrest and imprisonment when the officer (1) carries out a statutory duty, (2) according to procedures dictated to him by statute and superiors, and (3) acts reasonably.
Guffey v. State, supra at 152.
The court in Guffey adopted a qualified privilege for officers, which was limited by the requirements that the
officer carry out a duty, according to procedure and in a reasonable fashion. The immunity at issue here, like the immunity in Guffey, is limited. It requires that an officer (1) make an arrest based on probable cause, enforce a court order, or commit some other action or omission; (2) pursuant to the act; and that he (3) act in good faith. Guffey, and the cases which follow it, further support our holding that RCW 10.99.070 extends qualified "good faith" immunity to police officers. Guffey v. State, supra; see also Spurrell v. Bloch, 40 Wash. App. 854, 869, 701 P.2d 529, review denied, 104 Wash. 2d 1014 (1985).
The majority's treatment of Guffey scrupulously overlooks the significance of the reasoning in and holding of that case. Furthermore, its conclusion that Guffey still applies to "police conduct in situations which do not involve domestic violence", majority at
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