Legal Opinion · Dissent
Diehl v. State
Court of Appeals of Maryland
Decided October 13, 1982No. [No. 67, September Term, 1981.]Published
1DissentRodowsky, J.
I respectfully dissent from the reversal by the majority of Diehl’s convictions for resisting arrest. In my judgment there was sufficient evidence from which the jury could find probable cause to arrest for disorderly conduct.
Cross-examination by Diehl’s counsel of Chief Gavin elicited the following:
Q. And now you’re saying that you arrested him because he refused to get back into the car?
A. No sir, I don’t say that.
Q. Alright. Why did you arrest him?
A. I advised him to get back into the vehicle, advised him several times. He began screaming obscenities saying "Fuck you. I know my rights.” I…
2Cases cited20 opinions
- Michigan v. DeFillippoSupreme Court of the United States · 1979
- People v. GalpernNew York Court of Appeals · 1932
- Drews v. MarylandSupreme Court of the United States · 1964
- Drews v. StateCourt of Appeals of Maryland · 1961
- State v. RoperSupreme Court of South Carolina · 1979
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