Legal Opinion · Dissent

State v. Montgomery

Court of Appeals of Washington

Decided May 5, 1982No. 8912-9-IPublished

1Dissent

*761Andersen, C.J.

(dissenting)—I dissent from that portion of the majority opinion which holds that the defendant's arrest was improper. I would affirm the defendant's conviction for possession of the controlled substance which was found on him after his arrest.

The defendant in this case leveled a gratuitous 5- to 10-minute barrage of screamed obscenities at Seattle police officers. This did not occur at midday in a family neighborhood, but at night in a downtown night life section of a large city where, as an officer testified, they must necessarily assume that every person, adult or juvenile,…

2Cases cited11 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  3. Bailey v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  4. George Albert Williams v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1969
  5. State of Washington v. SinclairCourt of Appeals of Washington · 1974

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API