STATE v. MODICA

No. 79767-6.

186 P.3d 1062 (2008)

STATE of Washington, Respondent, v. Desmond Earl MODICA, Appellant.

Supreme Court of Washington, En Banc.

Decided July 10, 2008.


Attorney(s) appearing for the Case

Vanessa Mi-jo Lee, Attorney at Law, Seattle, WA, for Petitioner.

Randi J. Austell, Attorney at Law, King Co. Pros. Attorney, Prosecuting Atty. King County, King Co. Pros/App Unit Supervisor, Seattle, WA, for Respondent.


CHAMBERS, J.

¶ 1 Desmond Modica was arrested after striking his wife in the face. While in jail, he called his grandmother almost everyday. Near the jailhouse telephones was a sign warning that calls would be recorded, a fact confirmed by an automatic message played for every person making or receiving a call from these telephones. We must decide whether Modica's calls were nonetheless "private," protected by the Washington privacy act, chapter 9.73 RCW, and...

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