State v. Porter

An exception to Washington’s privacy act, RCW 9.73, permits police investigating a felony to obtain authorization from a magistrate to intercept private conversations. RCW 9.73.090(2). The intercept application affidavit must explain why normal investigative procedures are impracticable or inadequate. RCW 9.73.130(3)(f). It must also describe with particularity the person and place subject to the intercept order. RCW 9.73.130(3)(a), (d). The dispositive question here is whether the affidavit supporting the intercept warrant leading to Frederick Eorter’s arrest and subsequent…