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STATE v. HINTON

No. 87663-1.

319 P.3d 9 (2014)

179 Wn.2d 862

STATE of Washington, Respondent, v. Shawn Daniel HINTON, Appellant.

Supreme Court of Washington, En Banc.

February 27, 2014.

Attorney(s) appearing for the Case

John A. Hays , Attorney at Law, Longview, 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 Curiae on behalf of Washington Association of Prosecuting Attorneys.

Sarah A. Dunne , ACLU of Washington Foundation, Nancy Lynn Talner , Douglas B. Klunder , Attorney at Law, Seattle, WA, Amicus Curiae on behalf of ACLU.

Rabi Lahiri , AEON Law, Lila Jane Silverstein , Washington Appellate Project, Seattle, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

Travis Stearns , Washington Defender Association, Seattle, WA, Amicus Curiae on behalf of Washington Defender Association.

Venkat Balasubramani , Focal PLLC, Seattle, WA, Hanni M. Fakhoury , San Francisco, CA, Amicus Curiae on behalf of Electronic Frontier Foundation.

GONZÁLEZ, J.

¶ 1 We consider whether a text message conversation was "a private affair[]" protected from a warrantless search by article I, section 7 of our state constitution. A police detective read text messages on a cell phone police seized from Daniel Lee, who had been arrested for possession of heroin. Among other things, the detective read an incoming text message from Shawn Hinton, responded to it posing...

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