Inculpatory Recording Properly Admitted

State v. J.K.T., No. 78413-7 (December 30, 2019), Washington Court of Appeals, Division Three.

Brief: The juvenile’s convictions for multiple counts of murder in the first degree for his participation in a shooting in a homeless encampment were proper because the recording of utterances made by the juvenile’s brother was plainly supported by a finding of probable cause, and the term “incident” in RCW 9.73.090(2) did not mean accidental. The authorization to record the brother was supported by probable cause and thus, the incidental recording of the juvenile did not need to be independently supported by probable cause as to him in order to be admissible at trial against him. The application for a judicial authorization to make a one-party consent recording of the brother satisfied the requirements of RCW 9.73.130(3)(d), in part because it accurately stated that recording was expected to occur in a homeless encampment in Seattle.

Translation: Defendant’s convictions were upheld because inculpatory recordings were properly admitted into evidence under two statutes.

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