Opinion

Jacobsen v. City of Seattle

  • 98 Wash. 2d 668
  • 658 P.2d 653
  • 1983 Wash. LEXIS 1351
Court
Washington Supreme Court
Filed
Feb 3, 1983
Status
Published
Author
Dimmick
On the bench
Dimmick, Dolliver
Cited by
40 cases

finding warrantless pat-down searches of patrons attending rock concerts unconstitutional but noting that “the City might establish less instrusive and more formal procedures for determining the presence of contraband”

How later courts described this case

  • finding warrantless pat-down searches of patrons attending rock concerts unconstitutional but noting that “the City might establish less instrusive and more formal procedures for determining the presence of contraband”
  • A prevailing plaintiff under a Section 1983 claim " 'should ordinarily recover an attorney's fee [related to that claim] unless special circumstances would render such an award unjust.' " (quoting *253 Newman v. Piggie Park Enters., Inc., 390 U.S. 400 , 402, 88 S.Ct. 964 , 19 L.Ed. 2d 1263 (1968) )
  • "[T]he situations at a rock concert are not comparable to the dangers posed at airports and courthouses.... [B]oth airport searches which are conducted with a magnetometer and courtroom searches which employ a brief stop and a visual examination of packages, pocketbooks, and briefcases are far less intrusive."
  • characterizing a pat-down search of concert-goers as a “high degree of intrusion”

Written by the judges who cited it.

The opinion

Dimmick, J.

(concurring)—I concur in the result of the majority. However, I disagree with the dictum on page 674 alluding to the doubtfulness of the defense of consent. That *677 conclusion has not been fully considered and is not necessary to the holding in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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