Legal Opinion · Dissent

State v. Holeman

Court of Appeals of Washington

Decided April 9, 1984No. 12053-1-IPublished

1DissentWilliams, J.

(dissenting)—The police, acting without authority, unlawfully entered Clarence Holeman's home, seizing his son and creating a situation of arrest by combat. Because the majority opinion approves this procedure, I dissent.

Two questions are presented: whether David Holeman was illegally arrested in his home and whether the Holeman family's resistance to the invasion somehow made the police action legitimate.

The State concedes that David Holeman was arrested when the police told him that they were taking him to the station house for further questioning. Brief of Respondent, at 4. That arrest was…

2Cases cited12 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. United States v. JohnsonSupreme Court of the United States · 1982
  3. United States v. Raymond Eugene JohnsonCourt of Appeals for the Ninth Circuit · 1980
  4. West v. CabellSupreme Court of the United States · 1894
  5. State v. CountsWashington Supreme Court · 1983

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