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STATE v. YOUNG

No. 58399-4.

123 Wn.2d 173 (1994)

867 P.2d 593

THE STATE OF WASHINGTON, Respondent, v. ROBERT ALAN YOUNG, Appellant.

The Supreme Court of Washington, En Banc.

February 10, 1994.

Attorney(s) appearing for the Case

Mestel & Muenster, Mark D. Mestel, and John R. Muenster, for appellant.

Seth R. Dawson, Prosecuting Attorney, and David F. Thiele, Deputy, for respondent.

Catherine W. Smith and Robert H. Whaley on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for appellant.

JOHNSON, J.

The defendant contends the warrantless infrared surveillance of his home constituted a search under article 1, section 7 of the Washington State Constitution and the fourth amendment to the United States Constitution. We agree, and reverse the defendant's conviction.

I

FACTS

On August 14, 1990, the Edmonds Police Department received an anonymous note in the mail. It stated that Mr.

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