STATE v. YOUNG

No. 65475-1.

957 P.2d 681 (1998)

135 Wash.2d 498

STATE of Washington, Respondent, v. Kevin YOUNG, Petitioner.

Supreme Court of Washington, En Banc.

June 11, 1998.


Attorney(s) appearing for the Case

Dept. of Assigned Counsel, Dino G. Sepe, Tacoma, David Zuckerman, Seattle, amicus curiae on Behalf of Washington Ass'n of Criminal Defense Attorneys.

Dept. of Assigned Counsel, Lise Ellner, Tacoma, for petitioner.

John Ladenburg, Pierce County Prosecutor, Barbara Corey-Boulet, Donna Masumoto, Deputy County Prosecutors, for respondent.


TALMADGE, Justice.

We are asked in this case to determine if a police action constituted a disturbance of a person's private affairs without lawful authority under article I, section 7 of the Washington Constitution. We hold the test for a disturbance of a person's private affairs under article I, section 7 is a purely objective one, looking to the actions of the law enforcement officer, thus rejecting the test for a seizure under the Fourth Amendment articulated...

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