The officer, Daniel Lavely, 46, was arrested by Everett police Thursday morning and booked into the Snohomish County Jail for investigation of first-degree custodial sexual misconduct, a felony, following a month-long investigation.
Authorities originally launched the investigation May 9 after receiving an allegation that Lavely reportedly had sexual intercourse three days earlier with a 28-year old Seattle woman who was in his temporary custody while he was on duty.
"My understanding is that she was not free to go, but she wasn't handcuffed in the back of the patrol car," said Everett police spokesman Aaron Snell.
Due to the seriousness of the allegation, the officer was immediately placed on administrative leave and his law enforcement authority was suspended, said Sgt. Mike Blackburn of the Edmonds police.
The Everett Police Department investigated the allegation at the request of Edmonds police officials and determined there was probable cause to believe that criminal conduct had occurred.
"Any time that someone's in custody with a police officer, consensual sex or any time of sex is off the table; it's not allowed," said Snell.
According to that investigation, Lavely initially stopped the 28-year-old Seattle woman for jaywalking on Highway 99 in Edmonds on May 6.
The woman was released shortly afterward, but she was contacted again by Lavely later that evening on an unrelated call. This time, Lavely allegedly took temporary custody of the woman, put her in his patrol car and drove her to a remote location where the two had sexual intercourse, according to the investigation.
The woman reported the incident to law enforcement a few days later.
Lavely, a 7 1/2-year veteran of the Edmonds police force who was assigned to patrol duty, was arrested at 11:10 a.m. Thursday.
Formal criminal charges are expected to be filed by the Snohomish County Prosecuting Attorney.
A determination as to Lavely's employment status with the city of Edmonds will be made after an Edmonds Police Department review of the entire investigative file.
"We will get to the bottom of this, and there will be appropriate action taken," said Edmonds Police Chief Al Compaan.