Facts: Petitioner Michael Williams was convicted of first degree theft, obstructing a law enforcement officer, and making a false or misleading statement to a public servant in the Superior Court for Pierce County after leaving an automobile dealership without paying for new tires and wheels and subsequently giving police officers his brother’s name instead of his own in order to avoid discovery of an outstanding warrant for his arrest. Williams appealed his conviction under Washington Revised Code §9A.76.020 for obstructing a law enforcement officer, asserting that providing false information does not violate §9A.76.020 in the absence of some obstructive conduct. The Washington Court of Appeals affirmed Williams’ conviction. Williams appealed this decision to the Supreme Court of Washington.
Question(s): Is providing false information by itself sufficient to support a conviction for obstructing a law enforcement officer?
Conclusion: Justice Chambers’ opinion for the Court reversed the Washington Court of Appeals and vacated Williams’ conviction for obstructing a law enforcement officer, concluding that some obstructive conduct in addition to providing false information is required to support a conviction for obstructing a law enforcement officer as construing §9A.76.020 to criminalize pure speech would raise constitutional concerns insofar as it would permit police officers to engage citizens in conversation without probable cause or even reasonable suspicion that a crime is being committed and subsequently arrest them for obstruction for making false statements.
Docket No. 83992-1 (from Court of Appeals Division II Case No. 37619-9)
Petitioner: Michael Williams
(Counsel: Kathryn A. Russell Selk)
Respondent: State of Washington
(Counsel: Michelle Luna-Green and Kimberley Ann Demarco)
Briefs:
Argument: Thursday, January 13, 2011 9:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, May 12th, 2011
Prevailing Party: Michael Williams (Petitioner)
Vote: 9-0
Citation: Pending
Court: Madsen2 Court (2011-)
Madsen
Johnson
Alexander
Chambers
(Majority)
Owens
Fairhurst
Johnson
Stephens
Wiggins
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.