On the heels of passing a city-wide levy and proposing tax increases, the City Attorney’s Office has said the directives stem from budget concerns

VANCOUVER — The Vancouver Police Officers’ Guild (VPOG) today expressed strong disagreement with a decision by the Vancouver City Attorney’s Office to direct officers not to arrest or cite individuals for a broad range of criminal offenses.

On the heels of passing a city-wide levy and proposing tax increases, the City Attorney’s Office has said the directives stem from budget concerns. The Guild says the policy nonetheless fails to adequately weigh the impact on crime victims and public safety, and effectively renders a number of laws unenforceable in Vancouver.

Affected offenses

Officers have been directed not to arrest or cite for offenses — absent exceptional circumstances — theft in the third degree, second-degree criminal trespass, possession of a controlled substance, public consumption of a controlled substance, trespass in city parks, and marijuana possession by those under 21. Notably, the Guild says the directives include no exception for cases involving domestic violence.

A separate “will not” directive including driving while license suspended in the third degree, failure to transfer vehicle title or registration, illegal use of dealer plates, operating a vehicle with suspended registration, and having no valid operator’s license, among related RCW violations.

Public safety concerns

The Guild argues the policy undermines public confidence in the justice system, disproportionately affects vulnerable residents, and undoes years of work by officers to address open drug use amid the region’s ongoing fentanyl crisis. Without arrest and prosecution, victims of theft cannot receive restitution. Citizens affected by substance use disorder or mental health issues will not have access to system-based treatment programs. Businesses will no longer have the police to help them address trespassing or theft.

Legal uncertainty for officers

The Guild also warns the directives create serious legal conflicts for officers in the field. Citing State v. O’Neill, 148 Wn.2d 564 (2003), the Guild notes the Washington Supreme Court has held that a search incident to arrest is lawful only when a custodial arrest is actually made — meaning that without an arrest, officers’ authority to detain suspects and to use force becomes legally uncertain. At the same time, department policy and the Public Duty Doctrine still require officers to investigate crimes with identifiable victims.

The Guild says the city has not clarified whether it will indemnify officers who lawfully use force to make an arrest based on probable cause for a listed offense, or for conduct reasonably believed to be a felony but later determined to be a covered misdemeanor. This uncertainty, the Guild says, increases officers’ exposure to legal scrutiny.

A Call for Transparency

“Regardless of differing views on these policies, the public has a right to understand how these prosecutorial directives may affect public safety and law enforcement services in Vancouver,” the Guild said. It emphasized that transparency is essential so residents can understand the practical implications of the changes and make informed decisions.

Guild statement

The VPOG says officers remain committed to serving the Vancouver community but need clear legal guidance and policies that support both effective law enforcement and public safety. The Guild maintains that residents are not better served by increased drug activity and property crime and reaffirms that public safety remains its top priority.

The Vancouver Police Officers’ Guild is a labor organization representing commissioned Police Officers, Corporals, and Sergeants in the Vancouver, Washington Police Department.