Legal Opinion · Dissent

State v. Bradshaw

Washington Supreme Court

Decided October 14, 2004No. 74410-6Published

1DissentSanders, J.

(dissenting) — I would overrule State v. Cleppe, 96 Wn.2d 373, 635 P.2d 435 (1981), cert. denied, 456 U.S. 1006 (1982), to recognize an intent element in the crime of unlawful possession of a controlled substance. RCW 69.50.4013.

Defendants are two truck drivers convicted of unlawful, but unwitting, possession of a controlled substance. Donald Bradshaw drove a borrowed truck across the Washington border at Blaine, where the border patrol found marijuana hidden in a propane tank on the truck. Christian Latovlovici, a commercial truck driver, also drove to the Blaine border crossing in a…

2Cases cited17 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. In Re Stranger CreekWashington Supreme Court · 1970
  3. State v. BoyerWashington Supreme Court · 1979
  4. State v. StaleyWashington Supreme Court · 1994
  5. Dawkins v. StateCourt of Appeals of Maryland · 1988

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