CITY OF AUBURN v. KELLY

Nos. 53848-9-I, 53849-7-I, 54527-2-I.

111 P.3d 1213 (2005)

127 Wash.App. 54

CITY OF AUBURN, Petitioner, v. Edward KELLY, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered May 12, 2005.


Attorney(s) appearing for the Case

Daniel Heid, City of Auburn, Auburn, WA, for Appellant.

Donna McCrumb, Dawn Bettinger, The Law Office of Donna McCrumb PS, Auburn, WA, Andrea Robertson, Fox, Bowman & Duarte, Bellevue, WA, for Respondent.


SCHINDLER, J.

¶ 1 In these consolidated cases1 video and audio recordings were made when Edward Kelly and Andrew De Waele were each separately stopped by Auburn police officers for driving while intoxicated. The police officers did not advise either Kelly or De Waele they were being recorded. The trial court suppressed testimony by the police officers about their observations and dismissed the charges against Kelly and De Waele because...

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