State v. Miles

¶31 (concurring) —Although I agree with the majority’s conclusion that RCW 21.20.380 does not provide authority of law under the facts of this case, I disagree with the majority’s reasoning. The majority finds that “[t]he protections afforded by the warrant or subpoena process are *253lacking here,” majority at 247, but it never discusses what the subpoena process entails. The majority then concludes that chapter 21.20 RCW is invalid insofar as it permits the Washington State Securities Division of the Department of Financial Institutions (Division) to subpoena third parties for “otherwise…