Bar Bulletin

Bar Bulletin

WA Supreme Court Review: DUI Vehicle Seizure Law Deemed Unconstitutional

December 2019 Bar Bulletin

 

State of Washington
v. Villela

No. 96183-2 (9-0)
October 17, 2019

Our constitution cannot be amended by statute.

— Justice Steven González

Justice González
Writes for the Court

Our state constitution protects our right to privacy. Const. art. I, § 7. Under our constitution, the State and its agents may not disturb our “private affairs … without authority of law.” Id. “Authority of law” generally means a warrant issued by a neutral magistrate or a long-standing exception to the warrant requirement.

We are asked today whether the legislature has created “authority of law,” as understood in our constitution, by passing...

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