Legal Opinion · Dissent

Commonwealth v. Wasson

Kentucky Supreme Court

Decided September 24, 1992No. 90-SC-558-TGPublished

1DissentWintersheimer, Justice

I strongly dissent from the majority opinion because it totally misstates the case and proceeds to attack a statute that is not the direct subject of the criminal charge originally made in this case.

The majority opinion asserts that this is a case about privacy and yet it completely ignores that the criminal act for which the defendant was charged was a proposition made to a total stranger on a public street in downtown Lexington, Kentucky. Under such circumstances, there is no reasonable expectation of privacy.

Wasson solicited an undercover Lexington policeman in a parking lot in the Quality…

2Cases cited43 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Plyler v. DoeSupreme Court of the United States · 1982
  3. Olmstead v. United StatesSupreme Court of the United States · 1928
  4. Palko v. ConnecticutSupreme Court of the United States · 1937
  5. Jacobellis v. OhioSupreme Court of the United States · 1964

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