As the United States Supreme Court expanded the scope and intensity limits of the stop and frisk doctrine, the Washington Supreme Court, in 1984, applied independent state constitutional analysis and held that article I, section 7 of the Washington State Constitution provides greater privacy protection in stop and frisk cases than the United States Constitution. Since then, however, the Washington court has abandoned its reliance on article I, section 7 in the stop and frisk context. This Comment examines this transition and concludes that the federal stop and frisk doctrine may not adequately protect fundamental privacy rights, and that the Washington court should return to independent state constitutional analysis to remedy this deficiency.
The Stop and Frisk Doctrine in Washington and the Rise and Fall of Independent State Constitutional Analysis,
64 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol64/iss1/11