State v. Gibson
In State v. Gibson, 3 Wn. App. 596, 476 P.2d 727 (Wash. App. 1970), it was concluded that a prison guard who overheard communications between a physician and the inmate patient was "necessarily present," rather than present with the consent of the inmate. Gibson, 476 P.2d at 729.
"The officer may be deemed to be an agent of the physician, present for the physician's protection as well as the detention of the prisoner," and thus, under People v. Decina (1956), the patient did not have the opportunity to deny consent to the officer's presence, and the communication with the physician remained privileged. Id. at 730.
The Gibson Court reversed Gibson's conviction and remanded for a new trial. Id.