State Supreme Court rules U.S. Constitution limits searches

OLYMPIA — The state Supreme Court, extending a line of civil liberties rulings, ruled today that the U.S. Constitution bars noncriminal search warrants without legislation or a court rule expressly allowing them.

The court had previously held that the Washington State Constitution, with its strong privacy protections, doesn't allow so-called administrative search warrants in noncriminal cases, absent a state law or court rule authorizing the tactic. No such authority has been given.

In a Renton case specifically hinging on the federal constitution, the court handed down its fourth decision in a decade affirming its staunch view.

The 8-1 decision also affirmed that lawsuits may be brought against private individuals for acts committed within the scope of their employment.

The case involved a 1999 search of a Renton apartment house where neighbors reported drug-related traffic. Police, working with city code-compliance agents on cleanup or closure of drug properties, visited the Heritage House apartment building, took pictures and entered some apartments with the tenants' permission.

Authorities used the information acquired to get a search warrant from a local district judge. After a more intensive search of the building, they ordered the owner and tenants to vacate within three days. There were no criminal cases.

One of the tenants, Darwin Bosteder, later filed a complaint against the city, relying on Fourth Amendment protections against unreasonable search and seizure. The case eventually reached King County Superior Court where a judge dismissed it, saying the warrant and search were valid.

The justices overturned the lower court, saying the administrative warrant issued by the judge was not authorized by statute or court rule. So Bosteder can pursue his case.

The case is 74934-5, Darwin Bosteder v. City of Renton et al.