Washington Privacy Act Recording and RCW 9.73.030
The Washington privacy act recording rule comes from RCW 9.73.030. You can read the statute here:
https://app.leg.wa.gov/rcw/default.aspx?cite=9.73.030
The law generally makes it unlawful to record a private conversation without consent from all parties. In addition, RCW 9.73.050 bars the use of unlawfully recorded conversations as evidence:
https://app.leg.wa.gov/rcw/default.aspx?cite=9.73.050
However, these rules apply only if the recording captures a “private conversation.” In State v. Kamara, the Washington Court of Appeals addressed that exact issue. The court asked whether a phone recording captured a conversation or an assault.
Facts of State v. Kamara
Morris Kamara met B.T. at a party in July 2019. He later contacted her on Facebook and asked her out several times. She declined at first but later agreed to meet him.
On August 30, 2019, B.T. entered Kamara’s car. He drove her to his apartment. While there, he made unwanted advances. She told him to stop and said she needed to leave.
B.T. went to the bathroom and activated a recording app on her phone. She returned to the living room while the recording continued.
Kamara then forced her into his bedroom. He pinned her down and raped her. During the assault, she cried and repeatedly told him no. The recording captured part of this event.
Afterward, B.T. reported the assault. She later found the recording and sent it to police. The State charged Kamara with rape in the second degree.
H2: Washington Privacy Act Recording Issue on Appeal
Before trial, Kamara moved to suppress the recording. He argued that it violated RCW 9.73.030 because he did not consent.
The trial court reviewed the entire recording. It lasted about 28 minutes and 50 seconds. The court divided the recording into segments. It then focused on the final portion.
The court found that the last portion did not capture a conversation. Instead, it captured the sounds of a sexual assault. Based on that finding, the court admitted the recording.
The jury later found Kamara guilty. He appealed the decision.
H3: What Counts as a Conversation
The Court of Appeals used the ordinary meaning of the word “conversation.” A conversation requires an exchange of ideas or discussion.
The court relied on prior Washington cases. Those cases held that sounds of violence do not qualify as conversations. For example, screams and assault sounds fall outside the statute.
Court’s Analysis of the Recording
The early part of the recording included background noise and some discussion. However, the final portion changed in tone.
At that point, B.T. cried and begged Kamara to stop. She said she was scared and in pain. Kamara laughed and continued.
The court found no meaningful exchange of ideas during this time. Instead, the recording captured an assault in progress. Because of that, the court held that this portion was not a conversation.
H2: Why the Recording Was Admissible
The court drew a clear line. The privacy act protects conversations, not all recorded sounds.
The final portion of the recording contained cries, pleas, and sounds of force. These did not form a discussion. Therefore, RCW 9.73.030 did not apply.
Because the statute did not apply, RCW 9.73.050 did not bar the evidence. The court affirmed the conviction.
What State v. Kamara Means
State v. Kamara shows how courts analyze recordings under Washington law. Courts look at the content of the recording, not just the act of recording.
If the recording captures an assault instead of a conversation, the privacy act does not apply in the same way. That distinction can determine whether key evidence reaches the jury.
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Additional Resources
Additional Resources
Internal Resources
- RCW 9.73.030 Recording Consent Explained
https://blanfordlaw.com/rcw-9-73-030-recording-consent/
Explains Washington’s all-party consent requirement for recording private conversations under RCW 9.73.030. - Washington All-Party Consent Recording Law
https://blanfordlaw.com/washington-all-party-consent-recording-law/
Provides an overview of how Washington’s strict recording consent laws apply in real-world situations. - RCW 9.73.030 Privacy Law Breakdown
https://blanfordlaw.com/rcw-9-73-030-privacy-law/
Analyzes the scope of Washington’s privacy act and what qualifies as a protected conversation.
- Brief Adjudicative Proceeding Records
https://blanfordlaw.com/brief-adjudicative-proceeding-records/
Discusses how records are handled and maintained in brief adjudicative proceedings. (used) - Washington ER 1005 Admissibility of Public Records
https://blanfordlaw.com/washington-er-1005-admissibility/
Explains how courts admit copies of public records into evidence under ER 1005. (used)