Bowers v. Hardwick – He MUST have intended to be arrested

This is one of the my favorite arrest stories and it became an important gay rights case.

Background In August 1982, an Atlanta Police Department officer entered the bedroom of Michael Hardwick to serve a summons for throwing out a beer bottle which Hardwick had thrown in a trash can located directly outside of the gay bar in which he worked; the specific citation was for public drinking.[4] Police Officer Torick had processed the ticket and had marked out the court date of Tuesday and wrote in Wednesday. When Hardwick failed to arrive for his Tuesday court date, Torick issued an arrest warrant for Hardwick. The officer then proceeded to Hardwick\’s apartment to serve the warrant, but he was not home.When Hardwick arrived home and realized that the officer had been there, he immediately went to the courthouse and paid the ticket. The clerk notified Hardwick that it should have been impossible for Torick to be at his apartment that day because it actually takes 48 hours to process a warrant. Several weeks went by and Officer Torick came to Hardwick\’s apartment again to serve the (then-recalled) arrest warrant. Hardwick had an overnight guest who was sleeping off a hangover on his couch. Accounts differ whether he opened the door to the officer and allowed him into the apartment or if the front door was already open. The guest told Torick that he didn\’t know if Hardwick was home so the officer began searching the house. He found the door to Hardwick\’s bedroom door slightly ajar and then entered the room where Hardwick and a male companion were engaged in mutual, consensual oral sex.[5]

via Bowers v. Hardwick – Wikipedia, the free encyclopedia.


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