16 Wash. App. 553 - State v. Anderson’s Empirical Analysis
1976
Citation profile
13
cited by 13 later decisions
5
states following
April 1980
most recently cited
2 district · 11 state decisions
Relationships
Relies on Roe v. Wade · Paul v. Davis · Stanley v. Georgia · Hampton v. United States · Paris Adult Theatre I v. Slaton
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The defendants urge] this court to hold, first, that there is a constitutional right to privacy in the home encompassing the possession and noncommercial delivery of marijuana, and second, if such a right exists, that the State does not have the compelling state interest necessary to justify regulation in this area. We decline to adopt the position that the right of privacy extends to the possession or delivery of marijuana. While there is no "right of privacy" found in any specific guaranty of the United States Constitution, the United States Supreme Court has recognized constitutional "zones of privacy" which limit governmental power. Paul v. Davis, 424 U.S. 693 , 47 L. Ed. 2d 405 , 96 S. Ct. 1155 (1976). Only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty" are included in this guaranty of personal privacy. Roe v. Wade, 410 U.S. 113 , 35 L. Ed. 2d 147 , 93 S. Ct. 705 (1973). If the possession and noncommercial delivery of marijuana come within a constitutional "zone of privacy" then there must be a compelling state interest to justify regulation in this area. Roe v. Wade, supra; cf. Darrin v. Gould, 85 Wn.2d 859 , 540 P.2d 882 (1975). The overwhelming majority of jurisdictions which have considered the right of privacy and the possession or use of marijuana are in accord. No constitutional right of privacy exists which encompasses the right to possess and use marijuana. Kreisher v. State, 319 A.2d 31 (Del. 1974). The constit”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.