Washington Courts: News and InformationJustice Charles W. Johnson Authors Update on Washington Search and Seizure Law in Seattle University Law ReviewJuly 30, 2008
Associate Chief Justice Charles W. Johnson has co-authored a Seattle University Law Review article regarding the origin of Article I, Section 7 of the Washington State Constitution. The article is primarily researched and drafted by one of Justice Johnson’s former students from his State Constitutional Law class, Scott Beetham.
The article provides an analysis of what may have prompted the drafters of the State Constitution to choose the language of Article 1 Section 7 which was unique to state constitutions at the time. The research and analysis discusses resources, cases and debates which delegates may have drawn from in choosing the language that stands today. The article provides an analysis on the difference between the Washington State provision that “no person shall be disturbed in his private affairs, or his home invaded, without the authority of law” and the Fourth Amendment of the federal Constitution providing “the right of the people to be secure in their persons, houses, appears and effects, against unreasonable searches and seizures.”
The Law Review article appears in the spring 2008 Seattle University Law Review, copies of which can be found via Westlaw (31 Seattle U. L. Rev. 431) or by contacting the Seattle University School of Law at 206.398.4270 or via e-mail at sulawrev@seattleu.edu .
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