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Travis Stearns, Washington Defender Association, Seattle, WA, Amicus Curiae on behalf of Washington Defender Association. The sender addresses mail to a particular individual and reasonably expects the communication to be routed to and received by the addressee. We decline to find there was no interception here based on the fact that the messages were in electronic storage when they reached the phone—a technicality that has no relevance under our state statute. Likewise, there is no indication that the legislature intended to protect an intended recipient's ability to access a communication. Lila Jane Silverstein, Washington Appellate Project, Seattle, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers. Fakhoury, Electronic Frontier Foundation, San Francisco, CA, Venkat Balasubramani, Focal PLLC, Seattle, WA, Amicus Curiae on behalf of Electronic Frontier Foundation. Reading a letter addressed to another individual certainly does not render that person the intended recipient, and the ordinary meaning of “intercept” would encompass opening and reading a letter in someone else's mailbox before they receive it. WAPA calls to our attention to federal cases that exclude stored electronic and wire communications from the protection of the federal wiretap statute. Steiger, 318 F.3d 1039, 1048 (11th Cir.2003); Fraser v. Conclusion¶ 26 When the detective intercepted Roden's text messages to Lee, officers had already booked Lee into jail, and the State does not argue that exigent circumstances required a warrantless search of the phone. Ed.2d 374 (1966) (defendant who allows confidential government informant into hotel suite cannot claim Fourth Amendment protection); Osborn v. To reiterate, the statute was intended to prohibit electronic eavesdropping, where the eavesdropper overhears an ongoing communication, regardless of whether the intended recipient receives the communication. Browse thousands of Longview gay personal ads - all completely free.Sign up now to place your free gay personal ad and check out the ads of other available gay singles in Longview! Cuddling , kissing, I'm 64 love to express my self and have fun and be happy get to know each other. ¶ 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. See Webster's, supra, at 1176.¶ 23 WAPA also suggests that there was no interception because once the text messages reached the phone, they were in electronic storage and fell outside the scope of the act. There is simply no evidence that there was insufficient time for law enforcement officials to seek a court order. Accordingly, “intercept” most likely refers to acquisition of a communication during transmission. A strict interpretation comports with the plain meaning of “intercept” and makes clear what conduct is criminal¶ 42 The majority adopts a liberal interpretation of “intercept.” It apparently reads “before arrival” broadly as meaning “before the intended recipient accesses the communication.” Because this is a criminal statute, I would adopt a strict construction. 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. App.2012) (noting that “society's continued expectation of privacy in communications made by letter or phone call demonstrates its willingness to recognize a legitimate expectation of privacy in the contents of text messages”). We have found information willingly imparted to an unidentified stranger falls outside the protection of the act, as do some conversations that take place in “the presence of one or more third parties” in a “marketplace atmosphere.” Clark, 129 Wn.2d at 228. We find that the privacy act was violated because the detective intercepted Roden's private communications without Lee's or Roden's consent and without a court order. That is, I would read “before arrival” as meaning simply “before a message reaches its intended destination,” thereby providing clarity as to what actions constitute an unlawful intercept. Bell, 83 Wn.2d 383, 388, 518 P.2d 696 (1974) (in criminal cases, fairness dictates that statutes should be literally and strictly construed; courts should refrain from using possible but strained interpretations).¶ 43 The statute does not define “intercept.” A nontechnical term left undefined in a statute is given its plain and ordinary meaning, as defined in a standard dictionary. Sullivan, 143 Wn.2d 162, 174–75, 19 P.3d 1012 (2001); State v.. Thus, as the majority notes, “intercept” means to “stop ․ before arrival ․ or interrupt the progress or course.” Majority at 11 (alterations in original) (citing Webster's Third New International Dictionary 1176 (2002)).¶ 44 In other words, an interception must occur “before arrival” or before a message has reached the end of its journey.

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Storey King County Prosecutor's Office, Seattle, WA, Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys. Dunne, ACLU of Washington Foundation, Nancy Lynn Talner, Attorney at Law, Douglas B. Haw.1992) (finding an unlawful interception where an officer who possessed a suspect's phone pursuant to a statutory forfeiture provision answered it and impersonated the suspect). Airlines, Inc., 302 F.3d 868, 876 (9th Cir.2002).¶ 24 Federal cases on this issue are not instructive given the significant differences between the state and federal statutory schemes. Instead, he manipulated Lee's phone, responded to a previous text from Roden, and intercepted the incoming text messages before they reached Lee. The Court explained that the Fourth Amendment does not protect “a wrongdoer's misplaced belief that a person to whom he voluntarily confides his wrongdoing will not reveal it.” Hoffa, 385 U. Note, Judicial Control of Secret Agents, 76 Yale L. 994, 996 (1967) (writing that the decisions and rationale in Hoffa, Osborn, and Lewis imposed no limitations whatever on the use of police spies).¶ 37 Simultaneously, practitioners, scholars, and policy makers vigorously debated the use of wiretapping, eavesdropping, and informers wired to record conversations. At the moment, the chaotic state of existing federal and state laws and the continued legislative inaction in this area have led to public concern whether law can ever come to grips with the problem. 1205, 1223 (1966) (footnotes omitted).¶ 38 In this context, the Washington State Legislature enacted RCW 9.73.030–.080. §§ 2510–2522, commonly referred to as Title III of the Omnibus Crime Control and Safe Streets Act of 1968) in response to congressional investigations and published studies finding that government agents and private individuals were wiretapping without the consent of the parties or legal sanction.¶ 39 In summary, at the time section .030 was enacted, the country was concerned with electronic eavesdropping and wiretapping. 983 (1964); see also Westin, supra (development and adoption of devices have enormously expanded the capacity of public and private authorities to place the individual under surveillance). See House Journal at 2031.¶ 40 Accordingly, “intercept” in our statute most likely refers to wiretapping and eavesdropping activities—that is, any attempt by means of any contrivance to listen to or obtain the contents of a private communication while parties are communicating. Cory, 62 Wn.2d 371, 372, 382 P.2d 1019 (1963) (conversations between defendant and attorney were eavesdropped on through microphone installed in conference room); State v. 744, 761 (1950) (suggesting that “wiretapping” be defined to include any attempt by means of any device to listen to the contents of a telephone message while the parties are talking).¶ 41 It bears mentioning that there is no indication that our legislature was concerned with surreptitious access to stored communications.

Klunder, Attorney at Law, Seattle, WA, Amicus Curiae on behalf of Aclu. While a caller placing a voice call hears the recipient's voice and has the opportunity to detect deception, sending a text is more like mailing a letter. The federal statute defines terms with greater technical specificity and expressly governs stored communications under separate provisions, evidencing Congress' intent to treat communications differently based on technical distinctions. Whether it is also a violation of the act to access text messages that have already been received by the intended recipient and remain in storage is not the question before us today. See Comment, Eavesdropping Orders and the Fourth Amendment, 66 Colum. There has been no congressional action since the passage of the Communications Act of 1934, and less than a dozen states have passed modern statutes attempting to deal with the use of physical surveillance technology. Westin, Science, Privacy, and Freedom: Issues and Proposals for the 1970's, Part II: Balancing the Conflicting Demands of Privacy, Disclosure, and Surveillance, 66 Colum. One year later, Congress passed the wiretap act (18 U. Listening devices were becoming more available to all persons at nominal costs. Orfield, Wiretapping in Federal Criminal Cases, 42 Tex. Drew, 70 Wn.2d 793, 425 P.2d 349 (1967) (officers placed defendant and third person together in cell with hidden microphone, and through use of microphone, police learned that defendant claimed to know location of body; see also Note, Congressional Wiretapping Policy Overdue, 2 Stan. Indeed, the technology to store communications on mobile devices was largely nonexistent in 1967, making it highly unlikely, if not impossible, that the legislature could have been referring to the acquisition of electronic communications after the messages had been received and stored.