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SEYMOUR v. STATE DEPT. OF HEALTH, DQAC

No. 61494-1-I.

216 P.3d 1039 (2009)

Douglas A. SEYMOUR, DDS, Appellant, v. WASHINGTON STATE DEPARTMENT OF HEALTH, DENTAL QUALITY ASSURANCE COMMISSION, Respondent.

Court of Appeals of Washington, Division 1.

September 8, 2009.

Attorney(s) appearing for the Case

John Cornelius Versnel III, Vanessa Vanderbrug, Lawrence and Versnel PLLC, Seattle, WA, Philip Albert Talmadge, Sidney Charlotte Tribe, Tukwila, WA, for Appellant.

Cindy Carra Gideon, Attorney at Law, Olympia, WA, for Respondent.

DWYER, J.

¶ 1 Today we decide whether a warrantless administrative inspection of a dentist's office not authorized by statute violates the Fourth Amendment's prohibition against unreasonable searches. We conclude that it does and, accordingly, reverse.

I

¶ 2 A warrantless administrative search is valid only if authorized by a statute that adequately serves as a substitute for the protection afforded by the Fourth Amendment's warrant requirement...

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