People v. Barron

John Barron (defendant) attempted to check in for a flight at the airport. Barron smelled like alcohol and asked the ticket agent whether the agent was going to search him. When the ticket agent said that Barron would not be searched at the ticket counter, Barron waved his arms in the air and held out his foot, telling the ticket agent that he had a bomb in his shoe. The agent told Barron not to joke about possessing a bomb and to calm down. A second, nearby ticket agent also told Barron not to joke about having a bomb because the agents took those statements seriously. Barron quieted down briefly but then became excited again and repeatedly asked the first ticket agent whether the agent was going to search Barron. Barron also told the agent that Barron’s bag should be searched because the agents did not know what was in it. The agent warned Barron again, but Barron just laughed. The agent then notified the police about Barron’s conduct. Barron admitted to the police that he had told the agents that he had a bomb. The police searched Barron and his bag with a bomb-sniffing dog, but no bomb was located. Barron was charged with felony disorderly conduct for the false bomb threat and found guilty. Barron appealed the conviction, arguing that (1) the evidence was insufficient because there was no evidence that anyone was alarmed by his supposedly joking statements and (2) the disorderly-conduct statute was constitutionally overbroad if the statute criminalized joking statements.