Legal Opinion

City of Seattle v. Koch

Court of Appeals of Washington

Decided January 30, 1989No. 20734-2-I; 21399-7-IPublishedCited by 7 opinions

1Opinion of the CourtPekelis, J.

—These two cases come to this court on discretionary review following pretrial hearings. We dispose of both cases in this opinion because they present the identical issue: is a DWI defendant's right to counsel under either the Sixth Amendment or CrRLJ 3.1(c)(2) denied when the presence of a police officer in the room arguably limits privacy during a telephone consultation with counsel? We answer that question in the negative, reversing the dismissal in Hanson's case 1 and affirming the Superior Court's reversal of the Municipal Court's dismissal in Koch's case.

I

Hanson

Following her arrest for…

2Cases cited13 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Kirby v. IllinoisSupreme Court of the United States · 1972
  3. State v. BakerWashington Supreme Court · 1960
  4. State v. FitzsimmonsWashington Supreme Court · 1980
  5. City of Tacoma v. HeaterWashington Supreme Court · 1966

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3Cited by7 opinions

  1. State v. PenrodCourt of Appeals of Oregon · 1995
  2. City of Seattle v. SandholmCourt of Appeals of Washington · 1992
  3. State v. FedorovCourt of Appeals of Washington · 2014
  4. State v. FedorovWashington Supreme Court · 2015
  5. State v. TrevinoCourt of Appeals of Washington · 1994

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