text:
State v. Riley, 846 P.2d 1365 (Wash. 1993)
Washington Supreme Court
Filed: March 4th, 1993
Precedential Status: Precedential
Citations: 846 P.2d 1365, 121 Wash. 2d 22
Docket Number: 59245-4
Author: Richard P. Guy

121 Wash. 2d 22 (1993)
846 P.2d 1365
THE STATE OF WASHINGTON, Respondent,
v.
JOSEPH N. RILEY, Appellant.

No. 59245-4.
The Supreme Court of Washington, En Banc.

March 4, 1993.
*25 Nancy L. Talner, for appellant.

C. Danny Clem, Prosecuting Attorney, and Warren K. Sharpe, Deputy, for respondent.

GUY, J.

Joseph Riley was convicted of three counts of computer trespass and four counts of possession of a stolen access device after he used his home computer to obtain long-distance telephone access codes from telephone company computers. We hold that the search warrant used to obtain the physical evidence underlying most of Riley's convictions was invalid, and we therefore reverse those convictions. We affirm the remaining convictions, which are based on evidence independent from the invalid search warrant.

FACTS

Northwest Telco Corporation (Telco) is a company that provides long-distance telephone service. Telco's customers dial a publicly available general access number, then enter an individualized 6-digit access code and the long-distance number they wish to call. A computer at Telco's central location then places the call and charges it to the account corresponding to the entered 6-digit code.

On January 9, 1990, Cal Edwards, director of engineering at Telco, observed that Telco's general access number was being dialed at regular intervals of approximately 40 seconds. After each dialing, a different 6-digit number was entered, followed by a certain long-distance number. Edwards observed similar activity on January 10, between 10 p.m. and 6 a.m. From his past experience, Edwards recognized this activity as characteristic of that of a "computer hacker" attempting to obtain the individualized 6-digit access codes of Telco's customers. Edwards surmised that the hacker was using a computer and modem to dial Telco's general access number, a randomly selected 6-digit number, and a long-distance number. Then, by recording which 6-digit numbers enabled the *26 long-distance call to be put through successfully, the hacker was able to obtain the valid individual access codes of Telco's customers. The hacker could then use those codes fraudulently to make long-distance calls that would be charged improperly to Telco's paying customers.

On January 11, Edwards contacted Toni Ames, a U S West security investigator, and requested her assistance in exposing the hacker. In response, Ames established a line trap, which is a device that traces telephone calls to their source. By 3 p.m., Ames had traced the repeated dialing to the home of Joseph Riley in Silverdale, Washington. The dialing continued until 6 a.m. on January 12.

Ames contacted the Kitsap County Prosecutor's office on January 12, 1990, and was directed to Investigator Richard Kitchen. Kitchen filed an affidavit for a search warrant after interviewing both Ames and Edwards. The affidavit stated that hackers program computers to conduct the repeated dialing of random numbers and, after discovering valid codes, often transfer them to notebooks, ledgers, or lists. Because the telephone company's system that processes long-distance calls is a computer "switch", the crime listed in the affidavit was computer trespass. That day, Kitchen obtained a search warrant authorizing the seizure of

any fruits, instrumentalities and/or evidence of a crime, to-wit: notes, records, lists, ledgers, information stored on hard or floppy discs, personal computers, modems, monitors, speed dialers, touchtone telephones, electronic calculator, electronic notebooks or any electronic recording device.
The warrant did not state the crime of computer trespass, or any other crime.

On January 16, Kitchen arrived at Riley's house with the search warrant. Prior to executing the search, Kitchen informed Riley of his rights, although Riley was not arrested. Kitchen then questioned Riley about the occupancy of the house to ascertain which occupant was responsible for the hacking. According to Kitchen, "[Riley] stated that his children did not have access to the modem and that he was *27 the one that used the computer and modem." Verbatim Report of Proceedings, at 88. Riley then admitted having attempted to obtain Telco customer access codes. Riley told Kitchen that he had tried to obtain the access codes for 3 days in the past week, but that he was not certain of the specific dates. This was consistent with the telephone company's observation of hacking activity on January 9, 10 and 11. Riley is also reported to have said that had he been successful in discovering valid access codes, he might have used the codes to make personal long-distance telephone calls.

Evidence discovered during the subsequent search included four stolen access codes, a computer program that conducted the rapid repeated dialing and entry of random 6-digit numbers, handwritten notes detailing Riley's hacking activity, and a how-to-hack manual.

Riley was later charged with and convicted of two counts of computer trespass against Telco, one count of computer trespass against another long-distance telephone company, ITT Metromedia, and four counts of possession of a stolen access device. The conditions of Riley's sentence included that he not associate with hackers, communicate with computer bulletin board services, or possess a computer.

Riley appealed, and we accepted certification from the Court of Appeals.

ANALYSIS

I

The Search Warrant

[1] We first consider whether the search warrant used to search Riley's home was invalid. The trial court ruled that it was valid, despite the fact that it neither specified what crimes were being investigated nor otherwise limited the scope of the search by reference to particular items to be seized. We disagree. A search warrant that fails to specify the crime under investigation without otherwise limiting the items that may be seized violates the particularity requirement of the Fourth Amendment.

*28 The Fourth Amendment mandates that warrants describe with particularity the things to be seized.[1]State v. Perrone, 119 Wash. 2d 538, 545,  834 P.2d 611 (1992). When the nature of the underlying offense precludes a descriptive itemization, generic classifications such as lists are acceptable. Perrone, at 547; United States v. Spilotro, 800 F.2d 959, 963 (9th Cir.1986). In such cases, the search must be circumscribed by reference to the crime under investigation; otherwise, the warrant will fail for lack of particularity. Spilotro, at 964. For example, in United States v. Cardwell, 680 F.2d 75, 77-78 (9th Cir.1982), the court declared overbroad and invalid a warrant allowing seizure of any items that were the "fruits, instrumentalities and evidence" of violations of the general tax evasion statute. In Center Art Galleries — Hawaii, Inc. v. United States, 875 F.2d 747, 750 (9th Cir.1989), a warrant authorizing the seizure of evidence of violations of federal criminal law that did not describe the specific crimes being investigated was declared illegal. In Spilotro, the court struck down as overbroad a warrant that permitted the seizure of evidence of a violation of any one of 13 federal statutes.

In the present case, the warrant used to search Riley's home permitted the seizure of broad categories of material and was not limited by reference to any specific criminal activity. We therefore hold that the warrant was overbroad and invalid.

[2] The State contends that the warrant is valid because the executing officer, Investigator Kitchen, had personal knowledge of the crime being investigated. It is true that the executing officer's personal knowledge of the place to be searched may "cure" minor, technical defects in the warrant's place description. 2 W. LaFave, Search and Seizure § 4.5(a), at 209-10 (2d ed. 1987). For example, the officer's knowledge of the place to be searched will excuse the transposition of address numbers. State v. Smith, 39 Wn. App. *29 642, 648-49, 694 P.2d 660 (1984), review denied, 103 Wash. 2d 1034 (1985). However, where the inadequacy arises not in the warrant's description of the place to be searched but rather in the things to be seized, the officer's personal knowledge of the crime may not cure the defect. See generally 2 W. LaFave §§ 4.5-4.6 (discussing the particularity requirement in relation to a warrant's description of the places to be searched and the things to be seized). This is so because the purpose of a warrant is not only to limit the executing officer's discretion, but to inform the person subject to the search what items the officer may seize. United States v. Hayes, 794 F.2d 1348, 1355 (9th Cir.1986).

[3] For the same reason, the State's assertion that the search was not executed overbroadly is irrelevant. Because the person whose home is searched has the right to know what items may be seized, an overbroad warrant is invalid whether or not the executing officer abused his discretion. See In re Lafayette Academy, Inc., 610 F.2d 1, 5 (1st Cir.1979).

[4] The State also contends that the warrant's overbreadth is cured because the affidavit limited the search to evidence of the particular crime of computer trespass. However, an affidavit may only cure an overbroad warrant where the affidavit and the search warrant are physically attached, and the warrant expressly refers to the affidavit and incorporates it with "suitable words of reference". Bloom v. State, 283 So. 2d 134, 136 (Fla. Dist. Ct. App. 1973). See generally 2 W. LaFave § 4.6(a), at 241 (discussing question whether description in affidavit can save defective description in warrant). If the affidavit is not attached to the warrant and expressly incorporated therein, it may not cure generalities in the warrant even if some of the executing officers have copies of the affidavit. Center Art Galleries, at 750; Spilotro, at 967; State v. Kelley, 52 Wash. App. 581, 762 P.2d 20 (1988) (search of buildings listed in affidavit but not warrant held impermissible because affidavit was not attached and not expressly incorporated); United States v. Strand, 761 F.2d 449, 453-54 (8th Cir.1985) (affidavit attached to warrant could not cure *30 warrant's lack of particularity because of improper words of incorporation).

The affidavit for the Riley warrant was not attached to the search warrant or incorporated in the warrant by reference. Therefore, although the affidavit mentioned "computer trespass" as the crime under investigation, it cannot validate the overbroad warrant.

[5] The State further argues that even if the warrant's defects are not cured by the executing officer's personal knowledge of the crime, the "good faith" exception to the exclusionary rule applies, rendering the fruits of the search admissible at trial. We reject this argument. This court has neither accepted nor rejected the good faith exception under the Washington State Constitution. State v. Canady, 116 Wash. 2d 853, 857-58, 809 P.2d 203 (1991). See also State v. Crawley, 61 Wash. App. 29, 35, 808 P.2d 773, review denied, 117 Wash. 2d 1009 (1991); State v. Kelley, 52 Wash. App. 581, 587 n. 2,  762 P.2d 20 (1988). The State did not raise the good faith issue prior to appeal. We will not consider adopting the exception when the issue has not been briefed or argued below. Canady, at 857.

[6] We hold that the search warrant relied upon to search Riley's home is invalid. Therefore the primary fruits of the search must be suppressed. Because Riley's convictions of four counts of possession of stolen property and one count of computer trespass against ITT Metromedia are supported solely by physical evidence obtained from the search, we reverse those convictions.

II

Riley's Confessions

We next consider Riley's convictions of two counts of computer trespass against Telco. We affirm the convictions.

As a preliminary matter, we consider Riley's argument that these convictions, like his others, must be reversed because they are based upon evidence obtained by use of the illegal search warrant. That evidence includes a number of incriminating statements Riley made to Investigator Kitchen *31 to the effect that Riley had on three separate days dialed Telco's general access number using his computer and modem in an attempt to obtain customer calling card codes. The State contends the computer trespass convictions can be sustained because the incriminating statements were made independently of the execution of the warrant.

[7, 8] Riley raises his Fourth Amendment argument against the admission of the incriminating statements for the first time on appeal.[2] Arguments not raised in the trial court generally will not be considered on appeal. Van Vonno v. Hertz Corp., 120 Wash. 2d 416, 427, 841 P.2d 1244 (1992). Moreover, although RAP 2.5(a) permits a party to raise for the first time on appeal a "manifest error affecting a constitutional right", RAP 2.5(a) does not mandate appellate review of a newly raised argument where the facts necessary for its adjudication are not in the record and therefore where the error is not "manifest". Here, the record is unclear as to whether any or all of Riley's incriminating statements were the product of the invalid search warrant. In particular, the record is unclear whether Riley made incriminating statements prior to being told the investigating officer had a search warrant. Because we lack the needed record for review, we decline to consider whether the Fourth Amendment requires exclusion of Riley's incriminating statements. See Wong Sun v. United States, 371 U.S. 471,  9 L. Ed. 2d 441, 83 S. Ct. 407 (1963) (incriminating statements that are indirect fruits of an illegal search are inadmissible when they *32 bear a sufficiently close relationship to the underlying illegality); Brown v. Illinois, 422 U.S. 590, 603-04, 45 L. Ed. 2d 416, 95 S. Ct. 2254 (1975) (listing factors to guide determination whether underlying illegality taints incriminating statements); New York v. Harris, 495 U.S. 14, 19, 109 L. Ed. 2d 13,  110 S. Ct. 1640 (1990) (attenuation analysis required only where evidence is somehow product of illegal governmental activity); see generally Annot., "Fruit of the Poisonous Tree" Doctrine Excluding Evidence Derived From Information Gained in Illegal Search, 43 A.L.R. 3d 385, 397 (1972) (explaining that "fruits" doctrine applies to confession obtained via an illegal search).

[9] Thus, we shall assume Riley's admission that he had dialed Telco's general access number in an attempt to obtain customer calling card codes was properly admitted against him, despite the invalidity of the search warrant used in the search of Riley's home subsequent to the time he made that admission. A confession alone, however, will not sustain a conviction unless it is corroborated by independent proof sufficient to establish the corpus delicti of the crime. State v. Ryan, 103 Wash. 2d 165, 178, 691 P.2d 197 (1984); State v. Cunningham, 23 Wash. App. 826, 855-56, 598 P.2d 756 (1979). "The independent evidence need not ... establish the corpus delicti beyond a reasonable doubt, or even by a preponderance of the proof." State v. Meyer, 37 Wash. 2d 759, 763, 226 P.2d 204 (1951). The evidence need only "support a logical and reasonable deduction" that the crime occurred. State v. Hamrick, 19 Wash. App. 417, 419, 576 P.2d 912 (1978).

Here, there are two pieces of evidence to corroborate Riley's admission: Cal Edwards's observation of hacking activity on January 10 and 11, and U S West's tracing of the hacking to Riley's home on January 11. When Riley's admission and the independent corroborating evidence are considered together, there is sufficient evidence to sustain Riley's conviction of the two counts of computer trespass against Telco. We therefore affirm Riley's conviction of these two counts.

*33 III

Use of Line Trap

Riley raises an argument against the admission of one of the above pieces of corroborating evidence. In particular, he objects that the line trap placed by U S West, which traced the hacking activity to Riley's home, recorded a "private communication" in violation of RCW 9.73.030(1)(a). Therefore, Riley argues, the information derived from the line trap may not be used in any criminal case against him pursuant to RCW 9.73.050.[3]

[10] We reject Riley's argument. RCW 9.73.030(1)(a) provides in part that

it shall be unlawful for any ... corporation ... to intercept, or record any:
(a) Private communication transmitted by telephone... between two or more individuals ... by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication[.]
Because RCW 9.73 does not define "private communication", courts must give the term its ordinary and usual meaning. Kadoranian v. Bellingham Police Dep't, 119 Wash. 2d 178, 18990, 829 P.2d 1061 (1992); State v. Forrester, 21 Wash. App. 855, 861, 587 P.2d 179 (1978), review denied, 92 Wash. 2d 1006 (1979). The ordinary meaning of "communication" is "the act ... of imparting or transmitting" or "facts or information communicated". Webster's Third New International Dictionary 460 (1986).

[11] Here, the "line trap" traced the hacking activity to, and discovered nothing more than, Riley's telephone number. A telephone number, unless it is itself communicated, *34 does not constitute a "communication". Therefore, discovering Riley's telephone number via a tracer does not implicate RCW 9.73.030(1)(a).

Riley urges that State v. Gunwall, 106 Wash. 2d 54, 720 P.2d 808, 76 A.L.R. 4th 517 (1986) dictates a contrary determination. We disagree. In Gunwall, this court held that a pen register records a "private communication" under RCW 9.73.106 Wn.2d at 69. A pen register is a device that "identif[ies] all local and long distance numbers dialed, whether the call is completed or not." Gunwall, at 63. Although a pen register does not intercept spoken words, it does record an exchange of information — the dialing from one telephone number to another. A pen register is thus "comparable in impact to electronic eavesdropping devices in that it ... may affect other persons and can involve multiple invasions of privacy". Gunwall, at 69. In contrast, all that is learned from a tracer is the telephone number of one party, the party dialing. A pen register may therefore be reasonably viewed as recording a "private communication", whereas a tracer may not.

[12] Assuming, arguendo, that a telephone number constitutes a "private communication" under RCW 9.73.030, the information obtained from the tracer would still be admissible to corroborate Riley's confessions. RCW 9.73.070 exempts acts performed "in the... operations of the common carrier's communications services, facilities, or equipment or incident to the use of such services, facilities or equipment" from the provisions of RCW 9.73. Telephone companies must address hacking during their operation and maintenance. Thus, tracing hacking activity constitutes an act performed in the "operations of the common carrier's communications services".

We hold that RCW 9.73 does not apply because no "private communication" was recorded via a line trap; and that even if RCW 9.73 did apply, U S West had the authority to establish a line trap pursuant to RCW 9.73.070.[4] Therefore, the information obtained from U S West's tracer may be *35 used to corroborate Riley's admission of having committed the crime of computer trespass against Telco.

IV

Definition of Computer Trespass

Riley also contends that his convictions of computer trespass against Telco must be reversed because his conduct — repeatedly dialing Telco's general access number and entering random 6-digit numbers in an attempt to discover access codes belonging to others — does not satisfy the statutory definition of computer trespass. We disagree.

[13, 14] RCW 9A.52.110 provides in relevant part that

[a] person is guilty of computer trespass in the first degree if the person, without authorization, intentionally gains access to a computer system or electronic data base of another....
Riley contends the telephone company's long-distance switch is not a "computer" under RCW 9A.52.110. We reject this contention. The trial court explicitly found that the switch is a computer. This finding was based on unrebutted expert testimony. A trial court's findings of fact will not be disturbed on appeal when they are supported by undisputed evidence. Leonard v. Washington Employers, Inc., 77 Wash. 2d 271, 272, 461 P.2d 538 (1969).

Riley also argues that acts accomplished by simply dialing the telephone are not encompassed within the statutorily defined crime of computer trespass, and are merely the equivalent of placing a telephone call. He contends he is not guilty of computer trespass because he did not enter, read, insert, or copy data from the telephone system's computer switch. Instead, he argues, RCW 9.26A.110, dealing with telephone fraud, is more appropriately applied.

Riley's acts were not equivalent to placing a telephone call. He used his home computer to dial Telco's general access number and enter random 6-digit numbers representing customer access codes every 40 seconds for several hours at a time. Moreover, RCW 9A.52.110 criminalizes the unauthorized, intentional "access" of a computer system. The term "access" is defined under RCW 9A.52.010(6) as "to approach ... or *36 otherwise make use of any resources of a computer, directly or by electronic means." Riley's repeated attempts to discover access codes by sequentially entering random 6-digit numbers constitute "approach[ing]" or "otherwise mak[ing] use of any resources of a computer". The switch is a computer. Long-distance calls are processed through the switch. Riley was approaching the switch each time he entered the general access number, followed by a random 6-digit number representing a customer access code, and a destination number. Therefore, Riley's conduct satisfied the statutory definition of "access" and so was properly treated as computer trespass.[5]

V

Sentence

Riley challenges three conditions of his sentence: the prohibitions against Riley owning a computer, associating with other computer hackers, and communicating with computer bulletin boards. He argues that these conditions are not directly crime related, in violation of RCW 9.94A.120(5) and RCW 9.94A.030(7), (11). We disagree and hold that all the conditions the trial court imposed are reasonably related to Riley's convictions of two counts of computer trespass against Telco.

Riley was sentenced pursuant to RCW 9.94A.120(5) which provides that a first-time offender may be sentenced to "up to two years of community supervision, which [includes the imposition of] crime-related prohibitions". Under RCW 9.94A.030(11), a crime-related prohibition is defined as "an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted". The philosophy underlying the "crime-related" provision is that "[p]ersons may be punished for their crimes and they may be prohibited from doing things which are directly related to their crimes, but they may not be coerced *37 into doing things which are believed will rehabilitate them." D. Boerner, Sentencing in Washington § 4.5, at 4-7 (1985).[6]See also State v. Barnes, 117 Wash. 2d 701, 709-10, 818 P.2d 1088 (1991); In re Mota, 114 Wash. 2d 465, 476, 788 P.2d 538 (1990).

[15, 16] The main concern that arises when reviewing crime-related prohibitions is thus the prevention of coerced rehabilitation. See generally D. Boerner § 4.5, at 4-6 through 4-7. Otherwise, the assignment of crime-related prohibitions has "traditionally been left to the discretion of the sentencing judge." State v. Parramore, 53 Wash. App. 527, 530, 768 P.2d 530 (1989) (quoting D. Boerner § 4.5, at 4-7). Thus, a sentence will be reversed only if it is "manifestly unreasonable" such that "no reasonable man would take the view adopted by the trial court." State v. Blight, 89 Wash. 2d 38, 41, 569 P.2d 1129 (1977).

[17] Here, proscribing Riley from possessing a computer is clearly permissible under RCW 9.94A.030(7), (11). We find unpersuasive Riley's argument that this portion of his sentence is not crime related because he cannot commit computer trespass without a modem. Allowing Riley to possess a computer would facilitate his commission of computer trespass in the future. Further, given that punishment is a main goal of sentences imposed pursuant to RCW 9.94A.030(7), (11), prohibiting Riley from possessing a computer for the length of his sentence is a reasonable punishment for a self-proclaimed computer hacker.

Prohibiting Riley from associating with other computer hackers is also reasonable. Limitations upon fundamental rights are permissible, provided they are imposed sensitively. United States v. Consuelo-Gonzalez, 521 F.2d 259, 265 (9th Cir.1975). "[The convict's] freedom of association may be restricted if reasonably necessary to accomplish the essential *38 needs of the state and public order." Malone v. United States, 502 F.2d 554, 556 (9th Cir.1974), cert. denied, 419 U.S. 1124 (1975). The prohibition against Riley associating with other computer hackers is punitive and helps prevent Riley from further criminal conduct for the duration of his sentence. It is therefore not an unconstitutional restriction of Riley's freedom of association. The prohibition against Riley communicating with computer bulletin boards is also reasonably crime related as a means of discouraging his communication with other hackers.

We hold that the conditions of Riley's sentence were reasonably related to Riley's convictions of computer trespass. We therefore uphold the trial court's imposition of those conditions.

CONCLUSION

We reverse Riley's convictions for computer trespass against ITT Metromedia and possession of four stolen access devices because those convictions were supported solely by evidence illegally seized from Riley's home. Riley's convictions of two counts of computer trespass against Northwest Telco are independently supportable and are therefore affirmed.

ANDERSEN, C.J., and UTTER, BRACHTENBACH, DURHAM, SMITH, and JOHNSON, JJ., concur.

Reconsideration denied April 2, 1993.

NOTES

[1] The Fourth Amendment provides that "no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (Italics ours.) U.S. Const. amend. 4.

[2] Although an attempt to exclude the confessions appears in the trial record (Clerk's Papers, at 64), it is based on Fifth, rather than Fourth, Amendment grounds. Thus, instead of discussing the "fruits" doctrine, Riley disputed at trial the voluntariness of his statements. However, "[v]oluntariness is a test of the admissibility of a confession under the common-law prohibition of compulsory self-incrimination.... It does not affect the issue here, the Fourth Amendment question of whether a confession is a `fruit of the poisonous tree.'" State v. Byers, 88 Wash. 2d 1, 7, 559 P.2d 1334 (1977). Therefore, Riley's Fifth Amendment argument for the suppression of his confessions does not suffice as a substitute for the requisite Fourth Amendment argument. The record is not sufficiently developed factually for us to consider the issue; thus, we decline to speculate on what occurred.

[3] Although the State asserts that Riley did not properly preserve this issue for appellate review, appellant assigned error to the "warrantless line trap" and alleged a violation of RCW 9.73 at the trial level. Brief of Appellant app. B, at 5. This is sufficient to preserve an issue for appellate review. See State v. Clark, 53 Wash. App. 120, 123, 765 P.2d 916 (1988) (an assignment of error, supported by argument and citation to authority, preserves a claimed error for appellate review), review denied, 112 Wash. 2d 1018 (1989).

[4] We express no opinion as to whether RCW 9.73.030(2)(c), the anonymous or repeated telephone call exception to RCW 9.73.030(1)(a), applies to the tracing of hacking activity by a telephone company.

[5] This interpretation of the statute does not criminalize repeated dialing of a busy telephone number because a computer trespass conviction requires an "intent to commit another crime". RCW 9A.52.110(1)(a). It is not disputed that Riley had such an intent.

[6] Appellant correctly asserts that the first-time offender option (RCW 9.94A.120(5)) permits the imposition of rehabilitative sentencing conditions. See D. Boerner, Sentencing in Washington § 7.1 (1985); State v. Welty, 44 Wash. App. 281, 283, 726 P.2d 472, review denied, 107 Wash. 2d 1002 (1986). However, Riley contests only the crime-related portion of his sentence. The rehabilitation-oriented philosophy of RCW 9.94A.120(5) applies only to the "other conditions" imposed pursuant to subsection (5)(a) through (f), which Riley does not challenge.

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text: codes

text: of

text: Telco

text: s

text: customers

text: Edwards

text: surmised

text: that

text: the

text: hacker

text: was

text: using

text: a

text: computer

text: and

text: modem

text: to

text: dial

text: Telco

text: s

text: general

text: access

text: number

text: a

text: randomly

text: selected

text: digit

text: number

text: and

text: a

text: long

text: distance

text: number

text: Then

text: by

text: recording

text: which

text: digit

text: numbers

text: enabled

text: the

text: long

text: distance

text: call

text: to

text: be

text: put

text: through

text: successfully

text: the

text: hacker

text: was

text: able

text: to

text: obtain

text: the

text: valid

text: individual

text: access

text: codes

text: of

text: Telco

text: s

text: customers

text: The

text: hacker

text: could

text: then

text: use

text: those

text: codes

text: fraudulently

text: to

text: make

text: long

text: distance

text: calls

text: that

text: would

text: be

text: charged

text: improperly

text: to

text: Telco

text: s

text: paying

text: customers

text: On

text: January

text: Edwards

text: contacted

text: Toni

text: Ames

text: a

text: U

text: S

text: West

text: security

text: investigator

text: and

text: requested

text: her

text: assistance

text: in

text: exposing

text: the

text: hacker

text: In

text: response

text: Ames

text: established

text: a

text: line

text: trap

text: which

text: is

text: a

text: device

text: that

text: traces

text: telephone

text: calls

text: to

text: their

text: source

text: By

text: p

text: m

text: Ames

text: had

text: traced

text: the

text: repeated

text: dialing

text: to

text: the

text: home

text: of

text: Joseph

text: Riley

text: in

text: Silverdale

text: Washington

text: The

text: dialing

text: continued

text: until

text: a

text: m

text: on

text: January

text: Ames

text: contacted

text: the

text: Kitsap

text: County

text: Prosecutor

text: s

text: office

text: on

text: January

text: and

text: was

text: directed

text: to

text: Investigator

text: Richard

text: Kitchen

text: Kitchen

text: filed

text: an

text: affidavit

text: for

text: a

text: search

text: warrant

text: after

text: interviewing

text: both

text: Ames

text: and

text: Edwards

text: The

text: affidavit

text: stated

text: that

text: hackers

text: program

text: computers

text: to

text: conduct

text: the

text: repeated

text: dialing

text: of

text: random

text: numbers

text: and

text: after

text: discovering

text: valid

text: codes

text: often

text: transfer

text: them

text: to

text: notebooks

text: ledgers

text: or

text: lists

text: Because

text: the

text: telephone

text: company

text: s

text: system

text: that

text: processes

text: long

text: distance

text: calls

text: is

text: a

text: computer

text: switch

text: the

text: crime

text: listed

text: in

text: the

text: affidavit

text: was

text: computer

text: trespass

text: That

text: day

text: Kitchen

text: obtained

text: a

text: search

text: warrant

text: authorizing

text: the

text: seizure

text: of

text: any

text: fruits

text: instrumentalities

text: and

text: or

text: evidence

text: of

text: a

text: crime

text: to

text: wit

text: notes

text: records

text: lists

text: ledgers

text: information

text: stored

text: on

text: hard

text: or

text: floppy

text: discs

text: personal

text: computers

text: modems

text: monitors

text: speed

text: dialers

text: touchtone

text: telephones

text: electronic

text: calculator

text: electronic

text: notebooks

text: or

text: any

text: electronic

text: recording

text: device

text: The

text: warrant

text: did

text: not

text: state

text: the

text: crime

text: of

text: computer

text: trespass

text: or

text: any

text: other

text: crime

text: On

text: January

text: Kitchen

text: arrived

text: at

text: Riley

text: s

text: house

text: with

text: the

text: search

text: warrant

text: Prior

text: to

text: executing

text: the

text: search

text: Kitchen

text: informed

text: Riley

text: of

text: his

text: rights

text: although

text: Riley

text: was

text: not

text: arrested

text: Kitchen

text: then

text: questioned

text: Riley

text: about

text: the

text: occupancy

text: of

text: the

text: house

text: to

text: ascertain

text: which

text: occupant

text: was

text: responsible

text: for

text: the

text: hacking

text: According

text: to

text: Kitchen

text: Riley

text: stated

text: that

text: his

text: children

text: did

text: not

text: have

text: access

text: to

text: the

text: modem

text: and

text: that

text: he

text: was

text: the

text: one

text: that

text: used

text: the

text: computer

text: and

text: modem

text: Verbatim

text: Report

text: of

text: Proceedings

text: at

text: Riley

text: then

text: admitted

text: having

text: attempted

text: to

text: obtain

text: Telco

text: customer

text: access

text: codes

text: Riley

text: told

text: Kitchen

text: that

text: he

text: had

text: tried

text: to

text: obtain

text: the

text: access

text: codes

text: for

text: days

text: in

text: the

text: past

text: week

text: but

text: that

text: he

text: was

text: not

text: certain

text: of

text: the

text: specific

text: dates

text: This

text: was

text: consistent

text: with

text: the

text: telephone

text: company

text: s

text: observation

text: of

text: hacking

text: activity

text: on

text: January

text: and

text: Riley

text: is

text: also

text: reported

text: to

text: have

text: said

text: that

text: had

text: he

text: been

text: successful

text: in

text: discovering

text: valid

text: access

text: codes

text: he

text: might

text: have

text: used

text: the

text: codes

text: to

text: make

text: personal

text: long

text: distance

text: telephone

text: calls

text: Evidence

text: discovered

text: during

text: the

text: subsequent

text: search

text: included

text: four

text: stolen

text: access

text: codes

text: a

text: computer

text: program

text: that

text: conducted

text: the

text: rapid

text: repeated

text: dialing

text: and

text: entry

text: of

text: random

text: digit

text: numbers

text: handwritten

text: notes

text: detailing

text: Riley

text: s

text: hacking

text: activity

text: and

text: a

text: how

text: to

text: hack

text: manual

text: Riley

text: was

text: later

text: charged

text: with

text: and

text: convicted

text: of

text: two

text: counts

text: of

text: computer

text: trespass

text: against

text: Telco

text: one

text: count

text: of

text: computer

text: trespass

text: against

text: another

text: long

text: distance

text: telephone

text: company

text: ITT

text: Metromedia

text: and

text: four

text: counts

text: of

text: possession

text: of

text: a

text: stolen

text: access

text: device

text: The

text: conditions

text: of

text: Riley

text: s

text: sentence

text: included

text: that

text: he

text: not

text: associate

text: with

text: hackers

text: communicate

text: with

text: computer

text: bulletin

text: board

text: services

text: or

text: possess

text: a

text: computer

text: Riley

text: appealed

text: and

text: we

text: accepted

text: certification

text: from

text: the

text: Court

text: of

text: Appeals

text: ANALYSIS

text: I

text: The

text: Search

text: Warrant

text: We

text: first

text: consider

text: whether

text: the

text: search

text: warrant

text: used

text: to

text: search

text: Riley

text: s

text: home

text: was

text: invalid

text: The

text: trial

text: court

text: ruled

text: that

text: it

text: was

text: valid

text: despite

text: the

text: fact

text: that

text: it

text: neither

text: specified

text: what

text: crimes

text: were

text: being

text: investigated

text: nor

text: otherwise

text: limited

text: the

text: scope

text: of

text: the

text: search

text: by

text: reference

text: to

text: particular

text: items

text: to

text: be

text: seized

text: We

text: disagree

text: A

text: search

text: warrant

text: that

text: fails

text: to

text: specify

text: the

text: crime

text: under

text: investigation

text: without

text: otherwise

text: limiting

text: the

text: items

text: that

text: may

text: be

text: seized

text: violates

text: the

text: particularity

text: requirement

text: of

text: the

text: Fourth

text: Amendment

text: The

text: Fourth

text: Amendment

text: mandates

text: that

text: warrants

text: describe

text: with

text: particularity

text: the

text: things

text: to

text: be

text: seized

text: State

text: v

text: Perrone

text: Wash

text: d

text: P

text: d

text: When

text: the

text: nature

text: of

text: the

text: underlying

text: offense

text: precludes

text: a

text: descriptive

text: itemization

text: generic

text: classifications

text: such

text: as

text: lists

text: are

text: acceptable

text: Perrone

text: at

text: United

text: States

text: v

text: Spilotro

text: F

text: d

text: th

text: Cir

text: In

text: such

text: cases

text: the

text: search

text: must

text: be

text: circumscribed

text: by

text: reference

text: to

text: the

text: crime

text: under

text: investigation

text: otherwise

text: the

text: warrant

text: will

text: fail

text: for

text: lack

text: of

text: particularity

text: Spilotro

text: at

text: For

text: example

text: in

text: United

text: States

text: v

text: Cardwell

text: F

text: d

text: th

text: Cir

text: the

text: court

text: declared

text: overbroad

text: and

text: invalid

text: a

text: warrant

text: allowing

text: seizure

text: of

text: any

text: items

text: that

text: were

text: the

text: fruits

text: instrumentalities

text: and

text: evidence

text: of

text: violations

text: of

text: the

text: general

text: tax

text: evasion

text: statute

text: In

text: Center

text: Art

text: Galleries

text: Hawaii

text: Inc

text: v

text: United

text: States

text: F

text: d

text: th

text: Cir

text: a

text: warrant

text: authorizing

text: the

text: seizure

text: of

text: evidence

text: of

text: violations

text: of

text: federal

text: criminal

text: law

text: that

text: did

text: not

text: describe

text: the

text: specific

text: crimes

text: being

text: investigated

text: was

text: declared

text: illegal

text: In

text: Spilotro

text: the

text: court

text: struck

text: down

text: as

text: overbroad

text: a

text: warrant

text: that

text: permitted

text: the

text: seizure

text: of

text: evidence

text: of

text: a

text: violation

text: of

text: any

text: one

text: of

text: federal

text: statutes

text: In

text: the

text: present

text: case

text: the

text: warrant

text: used

text: to

text: search

text: Riley

text: s

text: home

text: permitted

text: the

text: seizure

text: of

text: broad

text: categories

text: of

text: material

text: and

text: was

text: not

text: limited

text: by

text: reference

text: to

text: any

text: specific

text: criminal

text: activity

text: We

text: therefore

text: hold

text: that

text: the

text: warrant

text: was

text: overbroad

text: and

text: invalid

text: The

text: State

text: contends

text: that

text: the

text: warrant

text: is

text: valid

text: because

text: the

text: executing

text: officer

text: Investigator

text: Kitchen

text: had

text: personal

text: knowledge

text: of

text: the

text: crime

text: being

text: investigated

text: It

text: is

text: true

text: that

text: the

text: executing

text: officer

text: s

text: personal

text: knowledge

text: of

text: the

text: place

text: to

text: be

text: searched

text: may

text: cure

text: minor

text: technical

text: defects

text: in

text: the

text: warrant

text: s

text: place

text: description

text: W

text: LaFave

text: Search

text: and

text: Seizure

text: a

text: at

text: d

text: ed

text: For

text: example

text: the

text: officer

text: s

text: knowledge

text: of

text: the

text: place

text: to

text: be

text: searched

text: will

text: excuse

text: the

text: transposition

text: of

text: address

text: numbers

text: State

text: v

text: Smith

text: Wn

text: App

text: P

text: d

text: review

text: denied

text: Wash

text: d

text: However

text: where

text: the

text: inadequacy

text: arises

text: not

text: in

text: the

text: warrant

text: s

text: description

text: of

text: the

text: place

text: to

text: be

text: searched

text: but

text: rather

text: in

text: the

text: things

text: to

text: be

text: seized

text: the

text: officer

text: s

text: personal

text: knowledge

text: of

text: the

text: crime

text: may

text: not

text: cure

text: the

text: defect

text: See

text: generally

text: W

text: LaFave

text: discussing

text: the

text: particularity

text: requirement

text: in

text: relation

text: to

text: a

text: warrant

text: s

text: description

text: of

text: the

text: places

text: to

text: be

text: searched

text: and

text: the

text: things

text: to

text: be

text: seized

text: This

text: is

text: so

text: because

text: the

text: purpose

text: of

text: a

text: warrant

text: is

text: not

text: only

text: to

text: limit

text: the

text: executing

text: officer

text: s

text: discretion

text: but

text: to

text: inform

text: the

text: person

text: subject

text: to

text: the

text: search

text: what

text: items

text: the

text: officer

text: may

text: seize

text: United

text: States

text: v

text: Hayes

text: F

text: d

text: th

text: Cir

text: For

text: the

text: same

text: reason

text: the

text: State

text: s

text: assertion

text: that

text: the

text: search

text: was

text: not

text: executed

text: overbroadly

text: is

text: irrelevant

text: Because

text: the

text: person

text: whose

text: home

text: is

text: searched

text: has

text: the

text: right

text: to

text: know

text: what

text: items

text: may

text: be

text: seized

text: an

text: overbroad

text: warrant

text: is

text: invalid

text: whether

text: or

text: not

text: the

text: executing

text: officer

text: abused

text: his

text: discretion

text: See

text: In

text: re

text: Lafayette

text: Academy

text: Inc

text: F

text: d

text: st

text: Cir

text: The

text: State

text: also

text: contends

text: that

text: the

text: warrant

text: s

text: overbreadth

text: is

text: cured

text: because

text: the

text: affidavit

text: limited

text: the

text: search

text: to

text: evidence

text: of

text: the

text: particular

text: crime

text: of

text: computer

text: trespass

text: However

text: an

text: affidavit

text: may

text: only

text: cure

text: an

text: overbroad

text: warrant

text: where

text: the

text: affidavit

text: and

text: the

text: search

text: warrant

text: are

text: physically

text: attached

text: and

text: the

text: warrant

text: expressly

text: refers

text: to

text: the

text: affidavit

text: and

text: incorporates

text: it

text: with

text: suitable

text: words

text: of

text: reference

text: Bloom

text: v

text: State

text: So

text: d

text: Fla

text: Dist

text: Ct

text: App

text: See

text: generally

text: W

text: LaFave

text: a

text: at

text: discussing

text: question

text: whether

text: description

text: in

text: affidavit

text: can

text: save

text: defective

text: description

text: in

text: warrant

text: If

text: the

text: affidavit

text: is

text: not

text: attached

text: to

text: the

text: warrant

text: and

text: expressly

text: incorporated

text: therein

text: it

text: may

text: not

text: cure

text: generalities

text: in

text: the

text: warrant

text: even

text: if

text: some

text: of

text: the

text: executing

text: officers

text: have

text: copies

text: of

text: the

text: affidavit

text: Center

text: Art

text: Galleries

text: at

text: Spilotro

text: at

text: State

text: v

text: Kelley

text: Wash

text: App

text: P

text: d

text: search

text: of

text: buildings

text: listed

text: in

text: affidavit

text: but

text: not

text: warrant

text: held

text: impermissible

text: because

text: affidavit

text: was

text: not

text: attached

text: and

text: not

text: expressly

text: incorporated

text: United

text: States

text: v

text: Strand

text: F

text: d

text: th

text: Cir

text: affidavit

text: attached

text: to

text: warrant

text: could

text: not

text: cure

text: warrant

text: s

text: lack

text: of

text: particularity

text: because

text: of

text: improper

text: words

text: of

text: incorporation

text: The

text: affidavit

text: for

text: the

text: Riley

text: warrant

text: was

text: not

text: attached

text: to

text: the

text: search

text: warrant

text: or

text: incorporated

text: in

text: the

text: warrant

text: by

text: reference

text: Therefore

text: although

text: the

text: affidavit

text: mentioned

text: computer

text: trespass

text: as

text: the

text: crime

text: under

text: investigation

text: it

text: cannot

text: validate

text: the

text: overbroad

text: warrant

text: The

text: State

text: further

text: argues

text: that

text: even

text: if

text: the

text: warrant

text: s

text: defects

text: are

text: not

text: cured

text: by

text: the

text: executing

text: officer

text: s

text: personal

text: knowledge

text: of

text: the

text: crime

text: the

text: good

text: faith

text: exception

text: to

text: the

text: exclusionary

text: rule

text: applies

text: rendering

text: the

text: fruits

text: of

text: the

text: search

text: admissible

text: at

text: trial

text: We

text: reject

text: this

text: argument

text: This

text: court

text: has

text: neither

text: accepted

text: nor

text: rejected

text: the

text: good

text: faith

text: exception

text: under

text: the

text: Washington

text: State

text: Constitution

text: State

text: v

text: Canady

text: Wash

text: d

text: P

text: d

text: See

text: also

text: State

text: v

text: Crawley

text: Wash

text: App

text: P

text: d

text: review

text: denied

text: Wash

text: d

text: State

text: v

text: Kelley

text: Wash

text: App

text: n

text: P

text: d

text: The

text: State

text: did

text: not

text: raise

text: the

text: good

text: faith

text: issue

text: prior

text: to

text: appeal

text: We

text: will

text: not

text: consider

text: adopting

text: the

text: exception

text: when

text: the

text: issue

text: has

text: not

text: been

text: briefed

text: or

text: argued

text: below

text: Canady

text: at

text: We

text: hold

text: that

text: the

text: search

text: warrant

text: relied

text: upon

text: to

text: search

text: Riley

text: s

text: home

text: is

text: invalid

text: Therefore

text: the

text: primary

text: fruits

text: of

text: the

text: search

text: must

text: be

text: suppressed

text: Because

text: Riley

text: s

text: convictions

text: of

text: four

text: counts

text: of

text: possession

text: of

text: stolen

text: property

text: and

text: one

text: count

text: of

text: computer

text: trespass

text: against

text: ITT

text: Metromedia

text: are

text: supported

text: solely

text: by

text: physical

text: evidence

text: obtained

text: from

text: the

text: search

text: we

text: reverse

text: those

text: convictions

text: II

text: Riley

text: s

text: Confessions

text: We

text: next

text: consider

text: Riley

text: s

text: convictions

text: of

text: two

text: counts

text: of

text: computer

text: trespass

text: against

text: Telco

text: We

text: affirm

text: the

text: convictions

text: As

text: a

text: preliminary

text: matter

text: we

text: consider

text: Riley

text: s

text: argument

text: that

text: these

text: convictions

text: like

text: his

text: others

text: must

text: be

text: reversed

text: because

text: they

text: are

text: based

text: upon

text: evidence

text: obtained

text: by

text: use

text: of

text: the

text: illegal

text: search

text: warrant

text: That

text: evidence

text: includes

text: a

text: number

text: of

text: incriminating

text: statements

text: Riley

text: made

text: to

text: Investigator

text: Kitchen

text: to

text: the

text: effect

text: that

text: Riley

text: had

text: on

text: three

text: separate

text: days

text: dialed

text: Telco

text: s

text: general

text: access

text: number

text: using

text: his

text: computer

text: and

text: modem

text: in

text: an

text: attempt

text: to

text: obtain

text: customer

text: calling

text: card

text: codes

text: The

text: State

text: contends

text: the

text: computer

text: trespass

text: convictions

text: can

text: be

text: sustained

text: because

text: the

text: incriminating

text: statements

text: were

text: made

text: independently

text: of

text: the

text: execution

text: of

text: the

text: warrant

text: Riley

text: raises

text: his

text: Fourth

text: Amendment

text: argument

text: against

text: the

text: admission

text: of

text: the

text: incriminating

text: statements

text: for

text: the

text: first

text: time

text: on

text: appeal

text: Arguments

text: not

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text: considered

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text: appeal

text: Van

text: Vonno

text: v

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text: Corp

text: Wash

text: d

text: P

text: d

text: Moreover

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text: RAP

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text: permits

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text: party

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text: raise

text: for

text: the

text: first

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text: a

text: manifest

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text: constitutional

text: right

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text: newly

text: raised

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text: adjudication

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text: not

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text: incriminating

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text: particular

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text: is

text: unclear

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text: statements

text: prior

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text: Because

text: we

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text: the

text: Fourth

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text: exclusion

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text: Riley

text: s

text: incriminating

text: statements

text: See

text: Wong

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text: incriminating

text: statements

text: that

text: are

text: indirect

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text: illegal

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text: are

text: inadmissible

text: when

text: they

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text: sufficiently

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text: relationship

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text: underlying

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text: Brown

text: v

text: Illinois

text: U

text: S

text: L

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text: d

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text: Ct

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text: New

text: York

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text: L

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text: d

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text: Ct

text: attenuation

text: analysis

text: required

text: only

text: where

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text: is

text: somehow

text: product

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text: illegal

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text: generally

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text: Poisonous

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text: Doctrine

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text: Evidence

text: Derived

text: From

text: Information

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text: fruits

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text: confession

text: obtained

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text: we

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text: Riley

text: s

text: admission

text: that

text: he

text: had

text: dialed

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text: s

text: general

text: access

text: number

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text: attempt

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text: obtain

text: customer

text: calling

text: card

text: codes

text: was

text: properly

text: admitted

text: against

text: him

text: despite

text: the

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text: search

text: warrant

text: used

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text: search

text: of

text: Riley

text: s

text: home

text: subsequent

text: to

text: the

text: time

text: he

text: made

text: that

text: admission

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text: confession

text: alone

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text: will

text: not

text: sustain

text: a

text: conviction

text: unless

text: it

text: is

text: corroborated

text: by

text: independent

text: proof

text: sufficient

text: to

text: establish

text: the

text: corpus

text: delicti

text: of

text: the

text: crime

text: State

text: v

text: Ryan

text: Wash

text: d

text: P

text: d

text: State

text: v

text: Cunningham

text: Wash

text: App

text: P

text: d

text: The

text: independent

text: evidence

text: need

text: not

text: establish

text: the

text: corpus

text: delicti

text: beyond

text: a

text: reasonable

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text: or

text: even

text: by

text: a

text: preponderance

text: of

text: the

text: proof

text: State

text: v

text: Meyer

text: Wash

text: d

text: P

text: d

text: The

text: evidence

text: need

text: only

text: support

text: a

text: logical

text: and

text: reasonable

text: deduction

text: that

text: the

text: crime

text: occurred

text: State

text: v

text: Hamrick

text: Wash

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text: d

text: Here

text: there

text: are

text: two

text: pieces

text: of

text: evidence

text: to

text: corroborate

text: Riley

text: s

text: admission

text: Cal

text: Edwards

text: s

text: observation

text: of

text: hacking

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text: January

text: and

text: and

text: U

text: S

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text: tracing

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text: hacking

text: to

text: Riley

text: s

text: home

text: on

text: January

text: When

text: Riley

text: s

text: admission

text: and

text: the

text: independent

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text: evidence

text: are

text: considered

text: together

text: there

text: is

text: sufficient

text: evidence

text: to

text: sustain

text: Riley

text: s

text: conviction

text: of

text: the

text: two

text: counts

text: of

text: computer

text: trespass

text: against

text: Telco

text: We

text: therefore

text: affirm

text: Riley

text: s

text: conviction

text: of

text: these

text: two

text: counts

text: III

text: Use

text: of

text: Line

text: Trap

text: Riley

text: raises

text: an

text: argument

text: against

text: the

text: admission

text: of

text: one

text: of

text: the

text: above

text: pieces

text: of

text: corroborating

text: evidence

text: In

text: particular

text: he

text: objects

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text: the

text: line

text: trap

text: placed

text: by

text: U

text: S

text: West

text: which

text: traced

text: the

text: hacking

text: activity

text: to

text: Riley

text: s

text: home

text: recorded

text: a

text: private

text: communication

text: in

text: violation

text: of

text: RCW

text: a

text: Therefore

text: Riley

text: argues

text: the

text: information

text: derived

text: from

text: the

text: line

text: trap

text: may

text: not

text: be

text: used

text: in

text: any

text: criminal

text: case

text: against

text: him

text: pursuant

text: to

text: RCW

text: We

text: reject

text: Riley

text: s

text: argument

text: RCW

text: a

text: provides

text: in

text: part

text: that

text: it

text: shall

text: be

text: unlawful

text: for

text: any

text: corporation

text: to

text: intercept

text: or

text: record

text: any

text: a

text: Private

text: communication

text: transmitted

text: by

text: telephone

text: between

text: two

text: or

text: more

text: individuals

text: by

text: any

text: device

text: electronic

text: or

text: otherwise

text: designed

text: to

text: record

text: and

text: or

text: transmit

text: said

text: communication

text: regardless

text: how

text: such

text: device

text: is

text: powered

text: or

text: actuated

text: without

text: first

text: obtaining

text: the

text: consent

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text: all

text: the

text: participants

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text: the

text: communication

text: Because

text: RCW

text: does

text: not

text: define

text: private

text: communication

text: courts

text: must

text: give

text: the

text: term

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text: ordinary

text: and

text: usual

text: meaning

text: Kadoranian

text: v

text: Bellingham

text: Police

text: Dep

text: t

text: Wash

text: d

text: P

text: d

text: State

text: v

text: Forrester

text: Wash

text: App

text: P

text: d

text: review

text: denied

text: Wash

text: d

text: The

text: ordinary

text: meaning

text: of

text: communication

text: is

text: the

text: act

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text: transmitting

text: or

text: facts

text: or

text: information

text: communicated

text: Webster

text: s

text: Third

text: New

text: International

text: Dictionary

text: Here

text: the

text: line

text: trap

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text: hacking

text: activity

text: to

text: and

text: discovered

text: nothing

text: more

text: than

text: Riley

text: s

text: telephone

text: number

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text: telephone

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text: unless

text: it

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text: itself

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text: does

text: not

text: constitute

text: a

text: communication

text: Therefore

text: discovering

text: Riley

text: s

text: telephone

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text: not

text: implicate

text: RCW

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text: State

text: v

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text: d

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text: dictates

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text: contrary

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text: Gunwall

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text: RCW

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text: ies

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text: and

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text: not

text: Gunwall

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text: information

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text: pen

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text: is

text: thus

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text: it

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text: admissible

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text: Riley

text: s

text: confessions

text: RCW

text: exempts

text: acts

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text: operations

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text: common

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text: communications

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text: facilities

text: or

text: equipment

text: or

text: incident

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text: the

text: use

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text: services

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text: or

text: equipment

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text: the

text: provisions

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text: RCW

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text: must

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text: hacking

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text: operation

text: and

text: maintenance

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text: tracing

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text: constitutes

text: an

text: act

text: performed

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text: the

text: operations

text: of

text: the

text: common

text: carrier

text: s

text: communications

text: services

text: We

text: hold

text: that

text: RCW

text: does

text: not

text: apply

text: because

text: no

text: private

text: communication

text: was

text: recorded

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text: a

text: line

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text: that

text: even

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text: RCW

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text: apply

text: U

text: S

text: West

text: had

text: the

text: authority

text: to

text: establish

text: a

text: line

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text: pursuant

text: to

text: RCW

text: Therefore

text: the

text: information

text: obtained

text: from

text: U

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text: s

text: tracer

text: may

text: be

text: used

text: to

text: corroborate

text: Riley

text: s

text: admission

text: of

text: having

text: committed

text: the

text: crime

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text: computer

text: trespass

text: against

text: Telco

text: IV

text: Definition

text: of

text: Computer

text: Trespass

text: Riley

text: also

text: contends

text: that

text: his

text: convictions

text: of

text: computer

text: trespass

text: against

text: Telco

text: must

text: be

text: reversed

text: because

text: his

text: conduct

text: repeatedly

text: dialing

text: Telco

text: s

text: general

text: access

text: number

text: and

text: entering

text: random

text: digit

text: numbers

text: in

text: an

text: attempt

text: to

text: discover

text: access

text: codes

text: belonging

text: to

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text: does

text: not

text: satisfy

text: the

text: statutory

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text: computer

text: trespass

text: We

text: disagree

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text: A

text: provides

text: in

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text: part

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text: a

text: person

text: is

text: guilty

text: of

text: computer

text: trespass

text: in

text: the

text: first

text: degree

text: if

text: the

text: person

text: without

text: authorization

text: intentionally

text: gains

text: access

text: to

text: a

text: computer

text: system

text: or

text: electronic

text: data

text: base

text: of

text: another

text: Riley

text: contends

text: the

text: telephone

text: company

text: s

text: long

text: distance

text: switch

text: is

text: not

text: a

text: computer

text: under

text: RCW

text: A

text: We

text: reject

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text: contention

text: The

text: trial

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text: the

text: switch

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text: findings

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text: they

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text: Leonard

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text: statutorily

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text: crime

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text: general

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text: representing

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text: seconds

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text: several

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text: a

text: time

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text: A

text: criminalizes

text: the

text: unauthorized

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text: a

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text: term

text: access

text: is

text: defined

text: under

text: RCW

text: A

text: as

text: to

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text: or

text: otherwise

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text: use

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text: resources

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text: a

text: computer

text: directly

text: or

text: by

text: electronic

text: means

text: Riley

text: s

text: repeated

text: attempts

text: to

text: discover

text: access

text: codes

text: by

text: sequentially

text: entering

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text: digit

text: numbers

text: constitute

text: approach

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text: otherwise

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text: ing

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text: of

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text: computer

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text: switch

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text: are

text: processed

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text: was

text: approaching

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text: switch

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text: time

text: he

text: entered

text: the

text: general

text: access

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text: by

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text: a

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text: Riley

text: s

text: conduct

text: satisfied

text: the

text: statutory

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text: and

text: so

text: was

text: properly

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text: computer

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text: V

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text: Riley

text: challenges

text: three

text: conditions

text: of

text: his

text: sentence

text: the

text: prohibitions

text: against

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text: owning

text: a

text: computer

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text: and

text: communicating

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text: argues

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text: these

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text: s

text: convictions

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text: Riley

text: was

text: sentenced

text: pursuant

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text: RCW

text: A

text: which

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text: a

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text: be

text: sentenced

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text: court

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text: to

text: the

text: circumstances

text: of

text: the

text: crime

text: for

text: which

text: the

text: offender

text: has

text: been

text: convicted

text: The

text: philosophy

text: underlying

text: the

text: crime

text: related

text: provision

text: is

text: that

text: p

text: ersons

text: may

text: be

text: punished

text: for

text: their

text: crimes

text: and

text: they

text: may

text: be

text: prohibited

text: from

text: doing

text: things

text: which

text: are

text: directly

text: related

text: to

text: their

text: crimes

text: but

text: they

text: may

text: not

text: be

text: coerced

text: into

text: doing

text: things

text: which

text: are

text: believed

text: will

text: rehabilitate

text: them

text: D

text: Boerner

text: Sentencing

text: in

text: Washington

text: at

text: See

text: also

text: State

text: v

text: Barnes

text: Wash

text: d

text: P

text: d

text: In

text: re

text: Mota

text: Wash

text: d

text: P

text: d

text: The

text: main

text: concern

text: that

text: arises

text: when

text: reviewing

text: crime

text: related

text: prohibitions

text: is

text: thus

text: the

text: prevention

text: of

text: coerced

text: rehabilitation

text: See

text: generally

text: D

text: Boerner

text: at

text: through

text: Otherwise

text: the

text: assignment

text: of

text: crime

text: related

text: prohibitions

text: has

text: traditionally

text: been

text: left

text: to

text: the

text: discretion

text: of

text: the

text: sentencing

text: judge

text: State

text: v

text: Parramore

text: Wash

text: App

text: P

text: d

text: quoting

text: D

text: Boerner

text: at

text: Thus

text: a

text: sentence

text: will

text: be

text: reversed

text: only

text: if

text: it

text: is

text: manifestly

text: unreasonable

text: such

text: that

text: no

text: reasonable

text: man

text: would

text: take

text: the

text: view

text: adopted

text: by

text: the

text: trial

text: court

text: State

text: v

text: Blight

text: Wash

text: d

text: P

text: d

text: Here

text: proscribing

text: Riley

text: from

text: possessing

text: a

text: computer

text: is

text: clearly

text: permissible

text: under

text: RCW

text: A

text: We

text: find

text: unpersuasive

text: Riley

text: s

text: argument

text: that

text: this

text: portion

text: of

text: his

text: sentence

text: is

text: not

text: crime

text: related

text: because

text: he

text: cannot

text: commit

text: computer

text: trespass

text: without

text: a

text: modem

text: Allowing

text: Riley

text: to

text: possess

text: a

text: computer

text: would

text: facilitate

text: his

text: commission

text: of

text: computer

text: trespass

text: in

text: the

text: future

text: Further

text: given

text: that

text: punishment

text: is

text: a

text: main

text: goal

text: of

text: sentences

text: imposed

text: pursuant

text: to

text: RCW

text: A

text: prohibiting

text: Riley

text: from

text: possessing

text: a

text: computer

text: for

text: the

text: length

text: of

text: his

text: sentence

text: is

text: a

text: reasonable

text: punishment

text: for

text: a

text: self

text: proclaimed

text: computer

text: hacker

text: Prohibiting

text: Riley

text: from

text: associating

text: with

text: other

text: computer

text: hackers

text: is

text: also

text: reasonable

text: Limitations

text: upon

text: fundamental

text: rights

text: are

text: permissible

text: provided

text: they

text: are

text: imposed

text: sensitively

text: United

text: States

text: v

text: Consuelo

text: Gonzalez

text: F

text: d

text: th

text: Cir

text: The

text: convict

text: s

text: freedom

text: of

text: association

text: may

text: be

text: restricted

text: if

text: reasonably

text: necessary

text: to

text: accomplish

text: the

text: essential

text: needs

text: of

text: the

text: state

text: and

text: public

text: order

text: Malone

text: v

text: United

text: States

text: F

text: d

text: th

text: Cir

text: cert

text: denied

text: U

text: S

text: The

text: prohibition

text: against

text: Riley

text: associating

text: with

text: other

text: computer

text: hackers

text: is

text: punitive

text: and

text: helps

text: prevent

text: Riley

text: from

text: further

text: criminal

text: conduct

text: for

text: the

text: duration

text: of

text: his

text: sentence

text: It

text: is

text: therefore

text: not

text: an

text: unconstitutional

text: restriction

text: of

text: Riley

text: s

text: freedom

text: of

text: association

text: The

text: prohibition

text: against

text: Riley

text: communicating

text: with

text: computer

text: bulletin

text: boards

text: is

text: also

text: reasonably

text: crime

text: related

text: as

text: a

text: means

text: of

text: discouraging

text: his

text: communication

text: with

text: other

text: hackers

text: We

text: hold

text: that

text: the

text: conditions

text: of

text: Riley

text: s

text: sentence

text: were

text: reasonably

text: related

text: to

text: Riley

text: s

text: convictions

text: of

text: computer

text: trespass

text: We

text: therefore

text: uphold

text: the

text: trial

text: court

text: s

text: imposition

text: of

text: those

text: conditions

text: CONCLUSION

text: We

text: reverse

text: Riley

text: s

text: convictions

text: for

text: computer

text: trespass

text: against

text: ITT

text: Metromedia

text: and

text: possession

text: of

text: four

text: stolen

text: access

text: devices

text: because

text: those

text: convictions

text: were

text: supported

text: solely

text: by

text: evidence

text: illegally

text: seized

text: from

text: Riley

text: s

text: home

text: Riley

text: s

text: convictions

text: of

text: two

text: counts

text: of

text: computer

text: trespass

text: against

text: Northwest

text: Telco

text: are

text: independently

text: supportable

text: and

text: are

text: therefore

text: affirmed

text: ANDERSEN

text: C

text: J

text: and

text: UTTER

text: BRACHTENBACH

text: DURHAM

text: SMITH

text: and

text: JOHNSON

text: JJ

text: concur

text: Reconsideration

text: denied

text: April

text: NOTES

text: The

text: Fourth

text: Amendment

text: provides

text: that

text: no

text: warrants

text: shall

text: issue

text: but

text: upon

text: probable

text: cause

text: supported

text: by

text: oath

text: or

text: affirmation

text: and

text: particularly

text: describing

text: the

text: place

text: to

text: be

text: searched

text: and

text: the

text: persons

text: or

text: things

text: to

text: be

text: seized

text: Italics

text: ours

text: U

text: S

text: Const

text: amend

text: Although

text: an

text: attempt

text: to

text: exclude

text: the

text: confessions

text: appears

text: in

text: the

text: trial

text: record

text: Clerk

text: s

text: Papers

text: at

text: it

text: is

text: based

text: on

text: Fifth

text: rather

text: than

text: Fourth

text: Amendment

text: grounds

text: Thus

text: instead

text: of

text: discussing

text: the

text: fruits

text: doctrine

text: Riley

text: disputed

text: at

text: trial

text: the

text: voluntariness

text: of

text: his

text: statements

text: However

text: v

text: oluntariness

text: is

text: a

text: test

text: of

text: the

text: admissibility

text: of

text: a

text: confession

text: under

text: the

text: common

text: law

text: prohibition

text: of

text: compulsory

text: self

text: incrimination

text: It

text: does

text: not

text: affect

text: the

text: issue

text: here

text: the

text: Fourth

text: Amendment

text: question

text: of

text: whether

text: a

text: confession

text: is

text: a

text: fruit

text: of

text: the

text: poisonous

text: tree

text: State

text: v

text: Byers

text: Wash

text: d

text: P

text: d

text: Therefore

text: Riley

text: s

text: Fifth

text: Amendment

text: argument

text: for

text: the

text: suppression

text: of

text: his

text: confessions

text: does

text: not

text: suffice

text: as

text: a

text: substitute

text: for

text: the

text: requisite

text: Fourth

text: Amendment

text: argument

text: The

text: record

text: is

text: not

text: sufficiently

text: developed

text: factually

text: for

text: us

text: to

text: consider

text: the

text: issue

text: thus

text: we

text: decline

text: to

text: speculate

text: on

text: what

text: occurred

text: Although

text: the

text: State

text: asserts

text: that

text: Riley

text: did

text: not

text: properly

text: preserve

text: this

text: issue

text: for

text: appellate

text: review

text: appellant

text: assigned

text: error

text: to

text: the

text: warrantless

text: line

text: trap

text: and

text: alleged

text: a

text: violation

text: of

text: RCW

text: at

text: the

text: trial

text: level

text: Brief

text: of

text: Appellant

text: app

text: B

text: at

text: This

text: is

text: sufficient

text: to

text: preserve

text: an

text: issue

text: for

text: appellate

text: review

text: See

text: State

text: v

text: Clark

text: Wash

text: App

text: P

text: d

text: an

text: assignment

text: of

text: error

text: supported

text: by

text: argument

text: and

text: citation

text: to

text: authority

text: preserves

text: a

text: claimed

text: error

text: for

text: appellate

text: review

text: review

text: denied

text: Wash

text: d

text: We

text: express

text: no

text: opinion

text: as

text: to

text: whether

text: RCW

text: c

text: the

text: anonymous

text: or

text: repeated

text: telephone

text: call

text: exception

text: to

text: RCW

text: a

text: applies

text: to

text: the

text: tracing

text: of

text: hacking

text: activity

text: by

text: a

text: telephone

text: company

text: This

text: interpretation

text: of

text: the

text: statute

text: does

text: not

text: criminalize

text: repeated

text: dialing

text: of

text: a

text: busy

text: telephone

text: number

text: because

text: a

text: computer

text: trespass

text: conviction

text: requires

text: an

text: intent

text: to

text: commit

text: another

text: crime

text: RCW

text: A

text: a

text: It

text: is

text: not

text: disputed

text: that

text: Riley

text: had

text: such

text: an

text: intent

text: Appellant

text: correctly

text: asserts

text: that

text: the

text: first

text: time

text: offender

text: option

text: RCW

text: A

text: permits

text: the

text: imposition

text: of

text: rehabilitative

text: sentencing

text: conditions

text: See

text: D

text: Boerner

text: Sentencing

text: in

text: Washington

text: State

text: v

text: Welty

text: Wash

text: App

text: P

text: d

text: review

text: denied

text: Wash

text: d

text: However

text: Riley

text: contests

text: only

text: the

text: crime

text: related

text: portion

text: of

text: his

text: sentence

text: The

text: rehabilitation

text: oriented

text: philosophy

text: of

text: RCW

text: A

text: applies

text: only

text: to

text: the

text: other

text: conditions

text: imposed

text: pursuant

text: to

text: subsection

text: a

text: through

text: f

text: which

text: Riley

text: does

text: not

text: challenge