STATE v. RODEN

No. 87669-0.

321 P.3d 1183 (2014)

179 Wn.2d 893

STATE of Washington, Respondent, v. Jonathan Nicholas RODEN, Appellant.

Supreme Court of Washington, En Banc.

Decided February 27, 2014.


Attorney(s) appearing for the Case

Valerie Marushige , Attorney at Law, Kent, WA, for Petitioner.

Sean M. Brittain , Cowlitz Co. Prosecutors Office, Hall of Justice, Kelso, WA, for Respondent.

Jeremy Aaron Morris , Kitsap County Prosecutor's Office, Port Orchard, WA, Susan K. Storey King County Prosecutor's Office, Seattle, WA, amicus counsel for Washington Association of Prosecuting Attorneys.

Sarah A. Dunne , ACLU of Washington Foundation, Nancy Lynn Talner , Attorney at Law, Douglas B. Klunder , Attorney at Law, Seattle, WA, amicus counsel for Aclu.

Travis Stearns , Washington Defender Association, Seattle, WA, amicus counsel for Washington Defender Association.

Lila Jane Silverstein , Washington Appellate Project, Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers.

Hanni M. Fakhoury , Electronic Frontier Foundation, San Francisco, CA, Venkat Balasubramani , Focal PLLC, Seattle, WA, amicus counsel for Electronic Frontier Foundation.


GONZÁLEZ, J.

¶ 1 We are asked to decide whether Washington's privacy act protects text messages intercepted by a detective who possessed the intended recipient's cell phone after a warrantless seizure. A police detective spent 5 to 10 minutes browsing through a cell phone officers took from Daniel Lee incident to his arrest for possession of heroin. The detective noticed several text messages from Jonathan Roden, responded to Roden with a new text message...

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