Law Commons^™

The Use Of Pre-Existing Exclusionary Zones As Probationary Conditions For Prostitution Offenses: A Call For The Sincere Application Of Heightened Scrutiny, Gordon Hill

Seattle University Law Review

In Washington, precedent supports the application of a heightened level of appellate scrutiny to probationary conditions that infringe on fundamental liberties, but this scrutiny is often inconsistently applied and frequently heightened in name alone. This Comment argues that, because the justification for appellate court deference toward the trial courts' creation of probationary conditions has disappeared in the context of SOAP orders, appellate courts faced with such orders should more rigorously examine the trial court decisions. This heightened scrutiny is justified because SOAP orders infringe on the state-recognized right of intrastate travel. Further, based on an examination of the research on …