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LEWIS v. STATE, DEPT. OF LICENSING

Nos. 76824-2, 77110-3.

139 P.3d 1078 (2006)

Steven A. LEWIS, Petitioner, v. STATE of Washington, DEPARTMENT OF LICENSING, Respondent. State of Washington, Respondent, v. Kenneth D. Higgins, Petitioner. City of Auburn, Respondent, v. Edward Kelly, Petitioner. City of Auburn, Respondent, v. Andrew DeWaele, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 3, 2006.

Attorney(s) appearing for the Case

Ryan Boyd Robertson, Attorney at Law, Burien, Matthew Jameson Rusnak, Law Offices of Matthew J Rusnak, Auburn, Andrea King Robertson, Francisco A. Duarte, Fox Bowman Duarte, Bellevue, Dawn Marie Bettinger, The Law Offices of James Egan, Seattle, for Petitioner/Appellant.

Masako Kanazawa, Attorney General's Office, Licensing Division, Susan K. Storey, King County Prosecutor's Office, Seattle, Susan Sackett DanPullo, Office of the Attorney General, Olympia, Daniel Brian Heid, City of Auburn, Auburn, Jay Douglas Geck, Office of the Attorney General, Olympia, for Appellee/Respondent.

Nanacy Lynn Talner, Aaron Hugh Caplan, ACLU of Washington, Seattle, for Amicus Curiae American Civil Liberties Union.

FAIRHURST, J.

¶ 1 In these four consolidated cases, the petitioners (drivers), who were all charged with driving under the influence (DUI), challenge two Court of Appeals decisions holding that recordings made during their traffic stops were admissible. The drivers argue that the police officers who stopped them did not properly inform the drivers that the officers were recording their conversations. We review whether Washington's privacy act, chapter 9.73 RCW...

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