Ruiz v. McKenna – Division 1
Court:Washington Court of Appeals: Division I
Case No.: 78542-7
Hearing Date: N/A
The City of Seattle charged Mr. Ruiz with DUI. He had two prior convictions for first degree negligent driving amended from DUIs. Seattle Municipal Court imposed as conditions of pretrial release a requirement that Mr. Ruiz submit to electric home monitoring with breath testing (EHMB) and a requirement that Mr. Ruiz install an ignition interlock device (IID) in his vehicle. Mr. Ruiz requested a writ relieving him of those conditions on the grounds that the EHMB and IID were searches that disturbed his private affairs without authority of law. King County Superior Court denied that request. Division I of the Washington Court of Appeals granted review.
Amici argue that the EHMB invaded Mr. Ruiz’s home and that the EHMB and the IID disturbed Mr. Ruiz’s private affairs. Mr. Ruiz did not suffer decreased privacy rights due to being accused of a crime, so any statute or court rule that purported to authorize these searches was unconstitutional. The order authorizing the searches did not meet the requirements of a warrant. No exception to the warrant requirement applied. The brief of amici separately addressed the requirements of electric home monitoring, breath testing and the IID.