STATE v. CHRISTENSEN

No. 74839-0.

102 P.3d 789 (2004)

153 Wash.2d 186

STATE of Washington, Respondent, v. Oliver C. CHRISTENSEN, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 9, 2004.

As Amended on Denial of Reconsideration January 31, 2005.


Attorney(s) appearing for the Case

Michael John Tario, Tario & Associates PS, Bellingham, for Petitioner.

Randall Keenan Gaylord, Friday Harbor, Philip James Buri, Buri Funston PLLC, Bellingham, for Respondent.

Douglas B. Klunder, Seattle, for Amicus Curiae American Civil Liberties Union.


CHAMBERS, J.

A mother, using the speakerphone function of the family's cordless telephone system, surreptitiously listened to a conversation between her daughter and her daughter's boyfriend in which a crime was discussed. The mother was permitted to testify against the boyfriend at his trial about what she overheard. We conclude that under the Washington privacy act, the conversation in question was a private one and the base unit of the cordless telephone was a...

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