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Pages 36-37

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From page 36...
... 36 enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.480 Other state constitutional provisions mirror the U.S. Constitution's Fourth Amendment's protection against unreasonable searches and seizures.481 In addition, in some states the courts have recognized a constitutional right to privacy.
From page 37...
... 37 When a legislative provision protects a class of persons by proscribing or requiring certain conduct but does not provide a civil remedy for the violation, the court may, if it determines that the remedy is appropriate in furtherance of the purpose of the legislation and needed to assure the effectiveness of the provision, accord to an injured member of the class a right of action, using a suitable existing tort action or a new cause of action analogous to an existing tort action.495 In 1986, in Cutter v. Brownbridge, supra, a psychotherapist revealed information about his patient to the patient's wife while they were in the midst of a divorce, which resulted in the plaintiff's loss of his visitation rights.496 A California appellate court held that the privacy provision in the California Constitution "is self-executing[]

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