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STATE v. McKINNEY

Nos. 71487-8, 71604-8, 71488-6.

60 P.3d 46 (2002)

148 Wash.2d 20

STATE of Washington, Respondent, v. Lonnie McKINNEY, Petitioner. State of Washington, Respondent, v. Ralph M. Martin, Petitioner. City of Everett, Respondent, v. Randal D. Schroeder, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 5, 2002.

Attorney(s) appearing for the Case

Sharon J. Blackford, Washington Appellate Project, Seattle, for Petitioner.

Norm Maleng, King County Prosecutor, Daniel J. Clark, Endel R. Kolde, Deputy County Prosecutors, Seattle, for Respondent.

Pamela B. Loginsky, Olympia, Amicus Curiae on Behalf of Washington Association of Prosecuting Attorneys.

Traci A. Sammeth, Perkins Coie, Seattle, Amicus Curiae on behalf of American Civil Liberties Union.

Lisa Daugaard, Neil M. Fox, Seattle-King County Public Defender Assn, Seattle, E.J. Rosenkranz, Kirsten D. Levingston, Riene Thukral, Brennan Center for Justice NY University School of Law, New York, NY, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers and the Racial Disparity Project.

Ahndrea L. Blue, Seattle, Amicus Curiae on behalf of National Association for the Advancement of Colored People, Seattle Branch.

Christopher Gibson, Nielsen Broman & Koch Pile, Seattle, Scott R. Santoro, City of Everett Legal Dept., Mark T. Soine, Everett City Attorney, Jon T. Scott, Everett, counsel for other parties.

MADSEN, J.

Lonnie McKinney, Ralph Martin, and Randal Schroeder were each arrested following a series of events that began when police officers accessed information contained in their Department of Licensing (DOL) driver's license records. Each moved for dismissal or suppression on the ground that the officers' searches of DOL databases prior to arrest violated the privacy provisions of the state constitution. Their motions were denied. The defendants were convicted...

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