A divided Washington Supreme Court has held that a state law requiring sheriffs of noncharter counties to get additional approval from county commissioners to use tear gas when quelling a riot was unconstitutional.
Sheriffs and county commissioners of seven noncharter counties challenged the state over a statute requiring an officer to obtain authorization from the “highest elected official in the jurisdiction” before using tear gas to suppress a riot or threat. In noncharter counties, the chair of the county board of commissioners typically fit this designation.
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