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Criminal Law

: Washington State Criminal Defense

Case Law Update, 5-20-11

By Aaron

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Courtesy of Law Offices of Dena Alo-Colbeck ?Writing and Research for Washington Attorneys? The following criminal cases of note were decided this week: Washington State Law Washington State Supreme Court: State v. Williams: When stopped on suspicion of first degree theft, Mr. Williams gave officers a false name, apparently to avoid discovery of an outstanding warrant. Mr. Williams was convicted of the theft along with a charge of making a false statement, and one of obstruction. The Court reversed the obstruction charge, finding that some conduct in addition to pure speech is necessary in order to establish obstruction of an officer. The Court observed that it not only had concerns that criminalizing pure speech would implicate freedom of speech, but that it also had concerns that, were it to criminalize pure speech, officers, without probable cause or even reasonable suspicion that a crime is being committed, may engage citizens in conversation, arrest them for obstruction based upon false statements, and then search incident to the arrest...continue to full post

Full post as published by Washington State Criminal Defense on May 24, 2011 (boomark / email).