Jose-Luis Salinas appeals his conviction of possession of cocaine with intent to deliver. We reverse.
Facts
On March 1, 1990, a Kirkland police officer (Ron Coleman) arrested Mauro Gomez for delivery of cocaine. The State agreed not to prosecute in exchange for Gomez naming his source and setting up an undercover purchase. Gomez stated his source was a man named Cholo but that they must go through Salinas as a middleman. Gomez told the detective Salinas lived at 1702 11th Avenue South, apartment B202, in Seattle.
At approximately 5 p.m. on March 2, Gomez called Salinas to set up a purchase of 3 kilos of cocaine. Gomez was instructed to wait an hom- and then go to Salinas' apartment. After Gomez made the call, Detective Coleman prepared an affidavit and, at approximately 6:30 p.m., he called the issuing magistrate and stated:
*234On March 2nd, 1990, at 1715 hours, your affiant had Gomez call Cholo and arrange for the purchase of three kilos of cocaine for $66,000.00. Gomez was told by Cholo that he had three kilos ... of cocaine and to come pick it up at the apartment located at 1702 11th Avenue South, apartment B202, Seattle. That upon arrival the cocaine would not be at the apartment, but that he would call and have it delivered within 15 minutes.
An undercover officer went with Gomez. It was arranged that when the cocaine arrived at the apartment, Gomez and the undercover officer would leave on the pretext of getting money and then would report that the cocaine had arrived. The officer wore a hidden recording device without prior authorization from either a judicial officer or a commanding officer.
At approximately 8:30 p.m., Detective Coleman called the issuing magistrate and told him the undercover officer had observed the drugs in the apartment. The judge then issued the warrant. Upon execution, the apartment was searched, the drugs were discovered, and Salinas was arrested. Salinas subsequently filed a motion to suppress the seized evidence based on the undercover officer's failure to have authorization to wear the hidden wire. On October 22, 1990, the motion was denied. On November 5, 1990, Salinas was found guilty on the basis of stipulated facts.
Discussion
Salinas claims the trial court erred in finding that RCW 9.73.050 was not violated by the undercover officer's use of a body wire. RCW 9.73.050 reads in part:
Any information obtained in violation of RCW 9.73.030 . . . shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction . . ..
RCW 9.73.030 prohibits the State of Washington or its agencies from intercepting or recording any "[p]rivate communication . . . without first obtaining the consent of all the participants". In State v. Fjermestad, 114 Wn.2d 828, 791 P.2d 897 (1990), the Supreme Court held that the term "any information" contained in RCW 9.73.050 includes "visual *235observations as well as assertive gestures" and that such are "inadmissible in a criminal trial." Fjermestad, at 835-36. The State urges us to find that RCW 9.73.050 was not violated and that Fjermestad is not applicable since Fjermestad, unlike here, addressed a fact pattern which did not implicate the 1989 amendments enacting the RCW 9.73.200 series. We reluctantly decline.
RCW 9.73.210 reads in part:
(1) If a police commander or officer above the rank of first line supervisor has reasonable suspicion that the safety of the consenting party is in danger, law enforcement personnel may, for the sole purpose of protecting the safety of the consenting party, intercept, transmit, or record a private conversation or communication concerning the unlawftd manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell, controlled substances . . ..
(2) Before any interception, transmission, or recording of a private conversation or communication pursuant to this section, the police commander or officer making the determination required by subsection (1) of this section shall complete a written authorization ....
(5) Nothing in this section bars the admission of testimony of a participant in the communication or conversation unaided by information obtained pursuant to this section.
(Italics ours.) RCW 9.73.230 reads in part:
(1) As part of a bona fide criminal investigation, the chief law enforcement officer of a law enforcement agency or his or her designee above the rank of first line supervisor may authorize the interception, transmission, or recording of a conversation or communication by officers under the following circumstances:
(a) At least one party to the conversation or communication has consented . . .;
(b) Probable cause exists to believe that the conversation or communication involves the unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sefi, controlled substances . . .; and
(c) A written report has been completed as required by subsection (2) of this section.
(8) In any subsequent judicial proceeding, evidence obtained through the interception or recording of a conversation or communication pursuant to this section shall be admissible only if:
*236(a) The court finds that the requirements of subsection (1) of this section were met and the evidence is used in prosecuting an offense listed in subsection (1)(b) of this section; or
Nothing in this subsection bars the admission of testimony of a party or eyewitness to the intercepted’, transmitted, or recorded conversation or communication when that testimony is unaided by information obtained solely by violation of RCW 9.73.030.
(Italics ours.) Salinas claims, and we agree, that neither statute is applicable since both require written authorization from a police officer or commander above the rank of first-line supervisor and no such approval was obtained here. See Fjermestad, at 841 (Guy, J., dissenting), explaining that RCW 9.73.230 (and presumably RCW 9.73.210) cannot be used unless all of the procedural requirements are followed.
We find that reversal is required, since the procedural requirements contained in either RCW 9.73.210 or .230 were not satisfied (i.e., no written authorization from a police officer or commander above the rank of first-line supervisor) and, under Fjermestad, all information obtained while the officer was wearing the wiretap, including any "visual observations", was inadmissible. Here, the officer's observation, that the cocaine was present in the apartment, enabled the magistrate to find probable cause to issue the warrant. Absent the officer's observation, there was not probable cause to issue the warrant. As we are unable either to distinguish Fjermestad or overrule our Supreme Court, we are compelled to reverse.
The judgment is reversed.1
Baker, J., concurs.
Our holding makes it unnecessary to address the remaining issues.