Assignment 1

1/30/15
In the State v. Metzger case the statute in the case was determined to be too broad
and vague. The case was dismissed and the ruling was reversed. In order, to test whether
or not an act is void there must not be a difference in opinion on what the act is or a
double meaning of what the act could be. The two ordinances being looked at are from a
case where Sam Stone the owner of a puppy named Scooter was in violation of the Dog
Nuisance Ordinance for his dog barking. Then he was also charged with Possession of a
Controlled Substance for having marijuana. The Dog Nuisance Ordinance could be
considered being void-for-vagueness since some of the words in the ordinance can differ
in opinion. The Possession of a Controlled Substance statute is clear in its wording
though and is not vague.
The wording in the Dog Nuisance Ordinance can make it void-for-vagueness,
since people could differ in opinion on the wording. The words "frequent or habitual"
could be seen as being vague. For example, some people may think that frequent is a dog
barking all the time, but other people could see it as being once a day. Also habitual could
mean a dog barking every time someone comes to the door, but others could see it as the
dog barking every hour. Frequent and habitual are based on someones opinion and it can
be seen as unclear. Though in this case the dog seemed to be barking for a long period of
time. Also the word "annoy" in the ordinance is also based on opinion. A dog barking,
howling, or yelping at anytime could be consider annoying for some people. For these
reasons the ordinance could be made void-for-vagueness.

The Possession of a Controlled Substance statute is clear on what is a controlled

substance and having it makes the person in violation of the statute. It is clearly stated
that cocaine, heroine, and marijuana are considered to be controlled substances in the
statue. Also, that a person in possession or control of any of the substances listed are in
violation of the statute; therefore, the statute cannot be considered void-for-vagueness.