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Rethinking Civil Liberties Under The Washington State Constitution, James W. Talbot

Washington Law Review

In 1986 the Washington Supreme Court set forth six criteria for courts to apply in determining whether the state constitution affords broader protection for civil liberties than the federal Constitution. While making progress toward an independent interpretation of the state constitution, Washington courts remain overly dependent on federal precedent. This Comment explores Washington's approach to independent analysis of the state constitution by examining a recent Washington case extending a privacy interest to an individual's garbage. Washington's approach needs to be modified to emphasize independent analysis of the state constitution and thereby give effect to Washington's unique and vital constitutional heritage.