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Non-Custodial Arrest Suppressed!

Non-Custodial Arrest Definition

A non-custodial arrest gives an individual the freedom to leave the scene of a crime. This typically comes with a court appearance summons, or a mail-in ticket if the crime committed was an infraction.If at a later date you plead "not guilty" a court date will be assigned to you by mail.

Additionally, a custodial arrest means that you have been taken into police custody for being suspected of committing a crime. Our attorneys at the Hester Law Group are experienced and knowledgeable Tacoma criminal defense attorneys that can guide you through all criminal proceedings. 

Division III Case Details

Hot off the Division III presses is a case that went as follows:

  • Defendant Radka was stopped for a traffic violation;
  • Arresting officer subsequently arrested Mr. Radka for driving with a suspended license;
  • Radka’s car was searched – drugs and paraphernalia found;
  • Charged with felony charge of possession with intent to deliver methamphetamine;

At a suppression hearing, the arresting officer, “admitted that he had intended to release Mr. Radka with a citation until he found the drug paraphernalia.” This resulted in the trial court suppressing the evidence and dismissing the case. And Division III held that a reasonable person would not consider the arrest “custodial” and thus affirmed the trial court.

Interestingly, the appellate court stated that the trial court erred when it considered the arresting officer’s subjective intent to only cite and release Mr. Radka. However, the rest of the factors were important to its decisions. The ultimate affirmation held that it is not the subjective intent of the arresting officer that matters. Rather, it concluded that the more important evidence relates to what a reasonable detainee would consider to be the extent of the detention.

Here’s how the court weighed the evidence in Mr. Radka’s appeal:

  • He was arrested for driving with a suspended license. The officer could have made a custodial arrest but did not do so. The officer had no safety concern and specifically articulated he intended to cite and release the defendant. The circumstances surrounding the situation showed that the arrest was not custodial: he was not handcuffed, he was not frisked, and, he was allowed to use his cell phone while in the back of the patrol car. While the officer had probable cause for a custodial arrest (he was arrested for a criminal offense, mind you), the officer did not place him under custodial arrest.

Success Stories

  • If he said he was going to do something he did it. He has integrity.

    “Wayne Fricke is a terrific lawyer who knows the law. The following are only several of many ways Mr. Fricke supported me during my time of crisis: 1. Explained the charges against me in a manner that ...”

    - Former Client
  • He always exceeds expectations.

    “Mr. Fricke has been our family lawyer for about 5 years. He has done an amazing job representing my family and I. He always exceeds expectations and informs us on everything going on.”

    - Jen
  • He, at no time, treated me as though I was guilty.

    “I was accused of domestic violence and need a Lawyer to defend me. Not knowing who to hire I started with Mr. K.W. This lawyer did not seem to believe in my innocence and I was looking at 3 to 5 ...”

    - Craig
  • Mr. Fricke had his office call me weekly for updates.

    “A few years ago, I was involved in a car accident. Due to my injuries, I hired an attorney who seemingly disappeared. I was in crisis after calling the court and finding out my case had been dismissed ...”

    - Sharyl
  • He is always honest and straight forward.

    “I hired Lance Hester to help me with 2 different legal matters. One was a felony criminal case and the other was a family law issue. In the felony criminal case this individual had everything to lose ...”

    - Former Client

Proven Results

  • Reduced Sentence Drug Crime
  • Case Dismissed Multiple Counts of Child Exploitation
  • Case Dismissed Domestic Violence
  • Four Felony Charges Dismissed Four Felony Counts
  • Reduced Sentence Drug Distribution
  • Vacated Conviction 4th Degree Assault
  • Case Dismissed Possession of Stolen Property
  • Two Restraining Orders Granted Anti-harassment Orders
  • Federal Court Success Federal Probation Violation
  • Case Dismissed Rape

Why Choose the Hester Law Group?

  • Accessible to Clients

    We understand the urgency clients have when they need an attorney. We are available  24/7 to help you.

  • We Truly Care

    We feel honored to help someone through the toughest time they will ever go through.

  • Personalized Approach

    At Hester Law Group, we use a personal approach that best suits the needs of our clients.

  • Unparalleled Experience

    We have been a successful team for two decades and have over 130 years of combined experience.

We're Available 24/7

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