Wash. Rev. Code » Title 10 · Chapter 10.88
Revised Code of Washington

Wash. Rev. Code § 10.88.320 (2026)

Charge or complaint—Warrant of arrest

✓ current as of May 2026
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(1) Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under RCW 10.88.250, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of such person's bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under RCW 10.88.250, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of such person's bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding such officer to apprehend the person named therein, wherever such person may be found in this state, and to bring such person before the same or any other judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
(2) Any person making such charge or complaint and affidavit under this section with information that the charge for the commission of the crime in another state is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington has an affirmative duty to disclose to the judge or magistrate that the charge for the commission of the crime in another state is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington and shall provide an attestation stating whether such charge or complaint relates to criminal liability that is based on such protected health care services. Any false attestation submitted under this subsection is subject to a statutory penalty of $10,000 per violation. Submission of such attestation subjects the attester to the jurisdiction of the courts of Washington state for any suit, penalty, or damages arising out of a false attestation under this section.
(3) Except in cases arising under RCW 10.88.220, the issuance of a warrant is prohibited for a charge or complaint that is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 9; 2010 c 8 s 1075; 1971 ex.s. c 46 s 13.]

Notes:

Effective date—2023 c 193: See note following RCW 7.115.020.
Notes of Decisions
Cited in 10 cases, 1975–2009 · leading case: State v. Bonds, 653 P.2d 1024 (Wash. 1982).
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State v. Bonds, 653 P.2d 1024 (Wash. 1982). · cites it 2× “803 ; RCW 10.88.320, 10.34.030. A private person may make an extradition arrest without a warrant in both Oregon and Washington, but such individual must have "reasonable information that the accused stands charged in the courts of another state with a crime punishable by death…”
Ogden v. Klundt, 550 P.2d 36 (Wash. Ct. App. 1976). “Ogden in the habeas corpus action, the Walla Walla County Prosecutor filed a fugitive complaint in Walla Walla District Court under RCW 10.88.320, an extradition statute. A hearing on the petition for writ of habeas corpus was had in Superior Court, and Mr.”
In Re Writ of Habeas Corpus of Jeffries, 548 P.2d 594 (Wash. Ct. App. 1976). “ce of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state: Provided, That the hearing provided for in this section shall not be available except…”
State v. Pritchett, 530 P.2d 1348 (Wash. Ct. App. 1975). “ce of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state: Provided, That the hearing provided for in this section shall not be available except…”
State v. Hershey, 641 P.2d 1201 (Wash. Ct. App. 1982). “Hershey was charged with being a fugitive from justice under RCW 10.88.320; he petitioned for a writ of habeas corpus, which was denied April 29, 1980.”
State v. Nall, 117 Wash. App. 647 (Wash. Ct. App. 2003). “RCW 10.88.320. And the Uniform Act allows law enforcement officers to arrest a person without a warrant if officers have probable cause to believe the person is a fugitive and stands charged with a crime punishable by death or imprisonment for a term exceeding one year.”
State v. Nall, 72 P.3d 200 (Wash. Ct. App. 2003). “RCW 10.88.320. And the Act allows law enforcement officers to arrest a person without a warrant if officers have probable cause to believe the person is a fugitive and stands charged with a crime punishable by death or imprisonment for a term exceeding one year.”
In Re Pers. Restraint of Jian Liu, 208 P.3d 1207 (Wash. Ct. App. 2009). “When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state: PROVIDED, That…”
Case v. Kitsap Cnty. Sheriff's Dep't, 249 F.3d 921 (9th Cir. 2001). “at 927; Wash. Rev. Code Ann. § 10.88.320 . In fact, both federal and state extradition law clearly limit the situations in which an arrest can be made based on an out-of-state crime.”
In re the Pers. Restraint of Jian Liu, 150 Wash. App. 484 (Wash. Ct. App. 2009). “When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state: PROVIDED, That…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.