Legal Opinion · Dissent

City of Shoreline v. McLemore

Washington Supreme Court

Decided April 18, 2019No. 95707-0Published

1Dissent

STEPHENS, J. (dissenting)

¶ 25 In asking this court to overturn his conviction, Solomon McLemore appeals broadly to privacy rights, free speech rights, and the fact that individuals owe no duty to assist law enforcement. These appeals obscure the fact that everyone, including McLemore, agrees the officers responding to the domestic violence call had the constitutional authority to demand entry pursuant to the community caretaking exception to the warrant requirement. And, settled precedent makes clear that refusing to obey lawful commands to take a specific action is conduct sufficient to…

2Cases cited20 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Arkansas v. SandersSupreme Court of the United States · 1979
  3. State v. WhiteWashington Supreme Court · 1982
  4. State v. HouserWashington Supreme Court · 1980
  5. State v. KinzyWashington Supreme Court · 2000

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