Furfaro v. City of Seattle

(concurring) — I concur only with the majority’s result for the reasons so well articulated by Judge Becker on behalf of the Court of Appeals. See Furfaro v. City of Seattle, 97 Wn. App. 537, 542-51, 984 P.2d 1055 (1999), review granted, 140 Wn.2d 1012, 5 P.3d 8 (2000).

In summary, when an activity enjoys legal protection unless obscene, an arrest warrant must be obtained from the judiciary. This is because obscenity determinations are ordinarily judicial ones, and, moreover, the alternative to an after-the-fact execution of a warrant is the prior restraint implicit in a midperformance arrest.

T…