State v. Hunt

I agree with the result reached by the majority in this case and its decision to utilize the State Constitution to vindicate a right seemingly neglected by the federal Constitution. I write *359separately to expose the reasoning that I find implicit in our decision and to explain more fully the judicial principles which I believe underlie the salutary resort to state constitutions as a fountainhead of individual rights.

I

The United States Supreme Court has clearly recognized that each state has the “sovereign right to adopt in its own Constitution individual liberties more expansive than those…