City of Auburn v. Kelly

¶1 In these consolidated cases1 video and audio recordings were made when Edward Kelly and Andrew De Waele were each separately stopped by Auburn police officers for driving while intoxicated. The police *56officers did not advise either Kelly or De Waele they were being recorded. The trial court suppressed testimony by the police officers about their observations and dismissed the charges against Kelly and De Waele because the officers did not comply with the requirements of a recently enacted provision of Washington’s privacy act, RCW 9.73.090(l)(c). The superior court affirmed the municipal…