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Criminal Law keyed to Dripps
Bouie v. City of Columbia
Facts
Bouie and another African American college student (Defendants) took seats in a booth in the restaurant department at Eckerd’s and wanted to be served. After they were seated, no one spoke to them or took their order. An employee put up a chain with a “no trespassing” sign attached. Defendants stayed seated and the store manager called the police. Defendants refused to leave after the police arrived and told them to leave. Defendants were then arrested and charged with breach of the peace and criminal trespass. Defendants were convicted for the trespass charge and Bouie was convicted of resisting arrest. The South Carolina Supreme Court reversed Bouie’s resisting arrest conviction and affirmed Defendants’ trespassing charge. The U.S. Supreme Court granted certiorari to review.
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