¶ 87 The majority’s application of article I, section 7’s protection of Athan’s saliva and DNA is breathtaking in its sweep and impossible to reconcile with other rulings of this court. Because DNA contains the most intimate details about a person, I cannot agree with either the majority’s reasoning or holding. ¶ 83 This court should discourage the police from impersonating officers of the court. The city of Seattle expressly prohibits the commingling of law enforcement duties and other professional responsibilities. Yet newly armed with colorable authority of law, Seattle’s police officers may now pose as attorneys without the encumbrance of even the most basic professional responsibilities, indeed without any criminal culpability.
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¶ 71 Applying the United States Supreme Court’s formulation of “testimonial” here, at
the time James Athan was questioned by Officer McGee, more than 10 hours had passed since the discovery of Kristen Sumstad’s body. The questioning was not, therefore, conducted in the course of “an ongoing emergency.” Davis, 126 S.Ct. The investigative questions produced a statement which, if used to convict Athan, “would implicate the central concerns underlying the confrontation clause.” West, 291 Ill.Dec.
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