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STATE v. SMITH

No. 93923-3.

405 P.3d 997 (2017)

STATE of Washington, Petitioner, v. John Garrett SMITH, Respondent.

Supreme Court of Washington.

Filed November 22, 2017.

Attorney(s) appearing for the Case

Aaron Bartlett , Attorney at Law, 1013 Franklin St., Vancouver, WA, 98660-3039, Prosecuting Attorney Clark County, Clark County Prosecuting Attorney, Po Box 5000, 1013 Franklin Street, Vancouver, WA, 98666-5000, for Petitioner.

Jessica Lynn Zornes Leiser , Daniel Brian Heid , City of Auburn, 25 W Main St., Auburn, WA, 98001-4998, Adam Rosenberg , Williams Kastner & Gibbs PLLC, 601 Union St. Ste. 4100, Seattle, WA, 98101-1368, for Amicus Curiae on behalf of Washington State Association of Municipal Attorneys.

Rabi Lahiri , Attorney at Law, 5706 17th Ave Nw, Po Box 17922, Seattle, WA, 98107-5240, Nancy Lynn Talner , Attorney at Law, 901 5th Ave. Ste. 630, Seattle, WA, 98164-2008, for Amicus Curiae on behalf of ACLU.

¶ 1 This case concerns application of RCW 9.73.030 of the Washington privacy act to an inadvertent recording on a cell phone voice mail of a domestic violence assault. We hold that the recording here does not contain a "conversation" within the meaning of the privacy act. Further, even if the recorded verbal exchange here could be...

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