Year in Review: Whatcom County Sheriff’s Office

Merry Christmas from the members of your sheriff’s office! We are pleased that Birch Bay community deputy Derek Jones was so welcomed and that our “mental health deputy,” de-escalation, crisis intervention and body-worn-camera programs are widely supported. We remain committed to fair, impartial and effective policing.

It is however important for everyone to know that wide-sweeping changes in state law are impeding effective crime control and limits our deputies’ ability to keep our community safe.

Legislation precludes deputies from conducting temporary investigative detentions of people reasonably suspected of criminal activity. This is not consistent with long-standing U.S. Supreme Court precedent, making Washington unique among other states. Deputies must now meet much higher standards of probable cause for arrest, prior to effectuating even an investigative temporary detention. 

Statutes now prohibit deputies from engaging in vehicular pursuits except for a few enumerated felonies and requires the existence of probable cause. This doesn’t include most assaults on officers, domestic violence crimes, burglaries and other felonies. While the Legislature emphasizes mental health treatment, the law now restricts a deputy’s ability to take people into custody for evaluation and treatment. Under some circumstances, deputies must leave the area, rather than using reasonable and necessary force to get people to help. Other changes limit deputies’ ability to interview criminal suspects.  

While deputies are not the immigration police, deputies may not notify federal authorities of even the most violent or sex crimes involving non-citizens and cannot cooperate in transferring them from the county jail to federal custody.  

This is just a small sampling of legislative changes that can be provided in the space allowed for this year-end report. Be assured that other law enforcement leaders and myself notified the Legislature of projected impacts prior to enactment of these changes and have and will continue to advocate for changes essential to ensuring public safety.