493:
welfare of all other citizens. One may travel along the public highways or in public places; and while conducting themselves in a decent and orderly manner, disturbing no other, and interfering with the rights of no other citizens, there, they will be protected under the law, not only their persons, but in their safe conduct. Any law that would place the keeping and safe conduct of another in the hands of even a conservator of the peace, unless for some breach of the peace committed in his presence, or upon suspicion of felony, would be most oppressive and unjust, and destroy all the rights, which the
Constitution guarantees.
31:
595:"Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: . . . (e) who loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification."
503:
Police knowledge of the identity of an individual they have deemed "suspicious" grants the police unfettered discretion to initiate or continue investigation of the person long after the detention has ended. Information concerning the stop, the arrest and the individual's identity may become part of
528:
A state criminal statute that requires persons who loiter or wander on the streets to provide a credible and reliable identification and to account for their presence when requested by a peace officer under circumstances that would justify a valid stop is unconstitutionally vague on its face within
492:
Personal liberty, which is guaranteed to every citizen under U.S. Constitution and laws, consists of the right of locomotion, to go where one pleases, and when, and to do that which may lead to one's business or pleasure, only so far restrained as the rights of others may make it necessary for the
323:
The Ninth
Circuit also noted that "police knowledge of the identity of an individual they have deemed 'suspicious' grants the police unfettered discretion to initiate or continue the investigation of the person long after the detention has ended. Information concerning the stop, the arrest and the
754:
As we understand it, the statute does not require a suspect to give the officer a drivers license or any other document. Provided that the suspect either states his name or communicates it to the officer by other means—a choice, we assume, that the suspect may make—the statute is satisfied and no
411:, the Court held that a Nevada law requiring persons detained upon reasonable suspicion of involvement in a crime to state their name to a peace officer did not violate the Fourth Amendment's prohibition of unreasonable searches and seizures. Unlike California Penal Code §647(e) as construed in
532:
Statutory limitations on individual freedoms guaranteed by the U.S. Constitution are examined for substantive authority and content as well as for definiteness or certainty of expression. The void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient
117:
The statute, as drafted and as construed by the state court, is unconstitutionally vague on its face within the meaning of the Due
Process Clause of the Fourteenth Amendment by failing to clarify what is contemplated by the requirement that a suspect provide a "credible and reliable"
704:
The officer may detain the person pursuant to this section only to ascertain his identity and the suspicious circumstances surrounding his presence abroad. Any person so detained shall identify himself, but may not be compelled to answer any other inquiry of any peace
359:
because it gave excessive discretion to the police (in the absence of probable cause to arrest) whether to stop and interrogate a suspect or leave him alone. The Court hinted that the
California statute compromised the constitutional right to freedom of movement.
275:
Lawson challenged
California Penal Code § 647(e), which required persons who loiter or wander on the streets to identify themselves and account for their presence when requested by a peace officer to do so. A California appellate court, in
496:
An innocent person cannot generally know when a police officer has reasonable cause to believe that his behavior warrants further investigation for criminal activity, and therefore cannot know when refusal to identify himself will be a
529:
the meaning of the due process clause of the
Fourteenth Amendment because it encourages arbitrary enforcement by failing to clarify what is contemplated by the requirement that a suspect provide a credible and reliable identification.
536:
In providing that a detention under a state statute may occur only where there is the level of suspicion sufficient to justify a constitutional stop, a state insures the existence of neutral limitations on the conduct of individual
744:
had been interpreted to require a suspect to give the officer "credible and reliable" identification. In contrast, the Nevada
Supreme Court has interpreted NRS §171.123(3) to require only that a suspect disclose his name.
319:
because it "subverts the probable cause requirement" by authorizing arrest for conduct that is no more than suspicious. "Vagrancy statutes cannot turn otherwise innocent conduct into a crime". Id. at 1367.
521:
Fourth
Amendment concerns are implicated where a state statute permits investigative detentions in situations where the police officers lack a reasonable suspicion of criminal activity based on objective
615:
carrying reasonable assurance that the identification is authentic and providing means for later getting in touch with the person who has identified himself". (33 Cal.App.3d 429, 439). The
619:
denied review. Both the Ninth
Circuit (658 F.2d 1362, 1364–1365, n. 3) and the U.S. Supreme Court (461 U.S. 352, 356, n. 4) used this construction in voiding § 647(e) for vagueness.
634:"... provided no standard for determining what a suspect must do to comply with ", conferring on police "virtually unrestrained power to arrest and charge persons with a violation."
228:
999:
646:
415:, the Nevada statute was apparently interpreted by the Nevada Supreme Court as requiring only that persons detained upon involvement in a crime to state their name.
280:(1973), 33 Cal. App.3d 429, had construed the law to require "credible and reliable" identification that carries a "reasonable assurance" of its authenticity.
525:
The concern with curbing criminal activity cannot justify legislation that would otherwise fail to meet constitutional standards for definiteness and clarity.
1009:
918:
786:
533:
definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.
441:
393:
72:
504:
a large scale data bank. The serious intrusion on personal security outweighs the mere possibility that identification may provide a link leading to arrest.
611:(1973), the Court construed § 647(e) as requiring that a person detained under that statute’s authority produce "credible and reliable identification
336:
768:
The suspect is not required to provide private details about his background, but merely to state his name to an officer when reasonable suspicion exists.
518:
While police have the right to request citizens to answer voluntarily questions concerning unsolved crimes they have no right to compel them to answer.
308:
264:
was a law-abiding black man with suitable knowledge of the U.S. Constitution. Lawson was frequently subjected to police questioning and harassment in
388:
316:
268:, where he lived when as a pedestrian he walked in so-called "white neighborhoods". He was detained or arrested approximately 15 times by the
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429:
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817:
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The person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest.
984:
805:
558:
325:
989:
979:
908:
35:
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Committee on Public Safety noted that "The provision has served no purpose other than to cause confusion since 1983".
500:
No one may be required under peril of life, liberty or property to speculate as to the meaning of penal statutes.
454:
339:
appeal. He was told he could not represent himself before the
Supreme Court without a law degree, so he had an
994:
947:
480:
A person can not be required to furnish identification if not reasonably suspected of any criminal conduct.
446:
265:
100:
598:
California later removed this section because of this lawsuit, replacing it with what used to be § 647(f).
616:
269:
242:
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within 18 months, was prosecuted twice, and was convicted once (the second charge was dismissed).
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141:
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A reasonable suspicion of criminal activity alone is insufficient to justify a patdown search
397:
288:
64:
929:
869:"Race, Vagueness, and the Social Meaning of Order-Maintenance Policing Supreme Court Review"
657:(658). United States Court of Appeals, Ninth Circuit: 1362. October 15, 1981. Archived from
816:
California Penal Code §647(e) was repealed by Ch. 302, Stats. 2007 (SB 425, Margett),
806:
http://www.illinoiscourts.gov/opinions/AppellateCourt/2011/2ndDistrict/December/2100473.pdf
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459:
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368:
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307:, 658 F.2d 1362 (1981), had additionally held that Penal Code §647(e) violated the
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956:
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California Penal Code §647(e) was repealed in 2008 at the request of the
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149:
489:
Vagrancy ordinances cannot turn otherwise innocent conduct into a crime.
202:
O'Connor, joined by Burger, Brennan, Marshall, Blackmun, Powell, Stevens
894:
740:
Here the Nevada statute is narrower and more precise. The statute in
250:
79:
886:
283:
William Kolender was an appellant who was acting in his capacity as
104:
253:" and "wanderers" provide "credible and reliable" identification.
54:
Kolender, Chief of Police of San Diego, et al. v. Edward Lawson
30:
351:
Using the construction of the California appellate court in
509:
471:
340:
97:
691:. Supreme Court of the United States: 352. May 2, 1983.
425:
someone for failing or refusing to identify himself.
291:, as was John Duffy who was acting in his capacity as
1000:
United States Supreme Court cases of the Burger Court
442:
List of United States Supreme Court cases, volume 461
820:
of the Los Angeles County Sheriff’s Department. The
363:Because the U.S. Supreme Court was able to resolve
847:: Exploring the Fourth And Fifth Amendment Issues"
731:Hiibel v. Sixth Judicial District Court of Nevada
701:Nev. Rev. Stat. (NRS) §171.123(3) provides that:
389:Hiibel v. Sixth Judicial District Court of Nevada
966:
559:"KOLENDER, CHIEF OF POLICE OF SAN DIEGO, ET AL.
477:The Court upheld the circuit court holdings:
407:the Court had voided on vagueness grounds. In
1010:History of homelessness in the United States
631:, writing for the Court, noted that the law
324:individual's identity may become part of a
874:Journal of Criminal Law & Criminology
373:did not decide the Fourth Amendment issue
776:
761:Writing for the Nevada Supreme Court in
863:
840:
430:Los Angeles County Sheriff's Department
343:lawyer represent him before the Court.
967:
378:
18:1983 United States Supreme Court case
13:
843:"Stop-and-Identify Statutes after
834:
355:, the Court held that the law was
317:unreasonable searches and seizures
249:that allow police to demand that "
36:Supreme Court of the United States
14:
1021:
975:United States Supreme Court cases
925:352 (1983) is available from:
902:
335:up through the conclusion of the
403: (2004), as an example of a
298:
29:
810:
799:
723:
710:
455:Stop-and-frisk in New York City
247:constitutionality of vague laws
985:1983 in United States case law
695:
673:
639:
622:
601:
590:California Penal Code § 647(e)
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551:
1:
651:United States Federal Reports
545:
448:Papachristou v. Jacksonville,
346:
256:
765:, Chief Justice Young said,
421:does not provide a means of
266:San Diego County, California
241:, 461 U.S. 352 (1983), is a
7:
990:Legal history of California
980:Void for vagueness case law
751:Justice Kennedy continued,
435:
405:"stop and identify" statute
337:Federal Ninth Circuit Court
293:Sheriff of San Diego County
243:United States Supreme Court
10:
1026:
957:Oyez (oral argument audio)
515:The Court's own holdings:
218:White, joined by Rehnquist
841:Hallock, Alan D. (1984).
729:Writing for the Court in
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617:California Supreme Court
592:read, in relevant part,
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357:unconstitutionally vague
824:on 11 June 2007 by the
720:, 118 Nev. 868, at 875.
43:Argued November 8, 1982
707:
303:The Ninth Circuit, in
229:U.S. Const. amend. XIV
142:William J. Brennan Jr.
770:— 118 Nev. 868 at 875
747:— 542 U.S. at 184–185
702:
685:United States Reports
326:large scale data bank
995:History of San Diego
718:Hiibel v. Dist. Ct.
681:"Kolender v. Lawson"
647:"Lawson v. Kolender"
245:case concerning the
78:103 S. Ct. 1855; 75
948:Library of Congress
865:Roberts, Dorothy E.
826:California Assembly
763:Hiibel v. Dist. Ct.
570:Library of Congress
450:405 U.S. 156 (1972)
333:represented himself
186:Sandra Day O'Connor
166:Lewis F. Powell Jr.
45:Decided May 2, 1983
915:Kolender v. Lawson
845:Kolender v. Lawson
783:Kolender v. Lawson
755:violation occurs.
460:Vagueness doctrine
379:Subsequent history
305:Lawson v. Kolender
238:Kolender v. Lawson
138:Associate Justices
24:Kolender v. Lawson
757:— 542 U.S. at 185
609:People v. Solomon
278:People v. Solomon
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174:William Rehnquist
154:Thurgood Marshall
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367:on the issue of
328:." Id. at 1368.
309:Fourth Amendment
270:San Diego Police
134:Warren E. Burger
123:Court membership
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859:(4): 1057–1080.
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835:Further reading
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659:the original
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223:Laws applied
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157:
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88:Case history
71:
53:
15:
796: (1983)
313:prohibition
207:Concurrence
150:Byron White
969:Categories
665:August 14,
546:References
347:Conclusion
257:Background
537:officers.
423:arresting
369:vagueness
289:San Diego
251:loiterers
80:L. Ed. 2d
60:Citations
913:Text of
867:(1999).
822:analysis
742:Kolender
737:stated,
705:officer.
436:See also
384:Kolender
365:Kolender
199:Majority
105:9th Cir.
930:Findlaw
895:1144123
575:July 8,
566:(PDF/A)
563:LAWSON"
413:Solomon
371:, they
353:Solomon
331:Lawson
215:Dissent
210:Brennan
112:Holding
960:
954:
951:
945:
942:
939:Justia
936:
933:
927:
893:
785:,
522:facts.
497:crime.
419:Hiibel
409:Hiibel
184:
182:·
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158:·
156:
148:
146:·
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921:
891:JSTOR
789:
613:. . .
466:Notes
396:
107:1981)
93:Prior
923:U.S.
791:U.S.
716:See
667:2013
577:2023
398:U.S.
341:ACLU
101:1362
98:F.2d
96:658
73:more
65:U.S.
63:461
919:461
883:doi
794:352
787:461
689:461
607:In
401:177
394:542
315:of
311:’s
287:of
82:903
68:352
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917:,
889:.
879:89
877:.
871:.
857:69
855:.
849:.
733:,
687:.
683:.
653:.
649:.
568:.
561:v.
432:.
392:,
375:.
295:.
897:.
885::
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655:2
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103:(
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70:(
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