This Survey is designed to assist lawyers and judges who must argue and resolve search and seizure issues in Washington State. The Survey summarizes the controlling state and federal cases on search and seizure law and uses as an additional reference W. LAFAVE, Search and Seizure: A Treatise on the Fourth Amendment (1978). Washington courts are likely to analyze future search and seizure issues under both the fourth amendment and Washington Constitution article I, section 7. The difference in wording between the two provisions is substantial, suggesting different degrees or types of privacy protection. This Survey summarizes the predominant treatment of search and seizure issues under the fourth amendment and under article I, section 7 to the extent that the state provision is interpreted differently from the federal. The Survey focuses primarily on substantive search and seizure law in the criminal context; it omits discussion of many procedural issues such as retroactivity and preserving state constitutional claims for appeal, see, e.g., In re Sauve, 103 Wash. 2d 322, 692 P.2d 818 (1985) (retroactivity), State v. Donohoe, 39 Wash. App. 778, 695 P.2d 150 (appeal), rev. denied, 103 Wash. 2d 1032 (1985), and it does not generally address civil actions brought under the search and seizure provisions, see, e.g., Guffey v. State, 103 Wash. 2d 144, 690 P.2d 1163 (1984).
Justice Robert F. Utter, Survey of Washington Search and Seizure Law, 9 SEATTLE U. L. REV. 1 (1985).