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Kolender v. Lawson

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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
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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
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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"
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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
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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.
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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
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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
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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.
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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.
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definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.
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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.
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While police have the right to request citizens to answer voluntarily questions concerning unsolved crimes they have no right to compel them to answer.
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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 974: 429: 821: 817: 589: 873: 292: 658: 486:
The person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest.
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Committee on Public Safety noted that "The provision has served no purpose other than to cause confusion since 1983".
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No one may be required under peril of life, liberty or property to speculate as to the meaning of penal statutes.
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appeal. He was told he could not represent himself before the Supreme Court without a law degree, so he had an
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A person can not be required to furnish identification if not reasonably suspected of any criminal conduct.
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California later removed this section because of this lawsuit, replacing it with what used to be § 647(f).
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within 18 months, was prosecuted twice, and was convicted once (the second charge was dismissed).
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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),
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http://www.illinoiscourts.gov/opinions/AppellateCourt/2011/2ndDistrict/December/2100473.pdf
8: 825: 165: 938: 890: 793: 459: 400: 368: 356: 246: 332: 177: 173: 153: 882: 307:, 658 F.2d 1362 (1981), had additionally held that Penal Code §647(e) violated the 261: 133: 67: 864: 851: 734: 284: 161: 968: 956: 428:
California Penal Code §647(e) was repealed in 2008 at the request of the
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Vagrancy ordinances cannot turn otherwise innocent conduct into a crime.
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O'Connor, joined by Burger, Brennan, Marshall, Blackmun, Powell, Stevens
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Here the Nevada statute is narrower and more precise. The statute in
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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
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List of United States Supreme Court cases, volume 461
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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) 583: 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 227: 222: 214: 206: 198: 193: 127: 122: 116: 111: 92: 87: 59: 49: 42: 28: 23: 617:California Supreme Court 592:read, in relevant part, 465: 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 234: 233: 174:William Rehnquist 154:Thurgood Marshall 1017: 961: 955: 952: 946: 943: 937: 934: 928: 909:Edward C. Lawson 898: 860: 829: 814: 808: 803: 797: 780: 774: 771: 758: 748: 727: 721: 714: 708: 699: 693: 692: 677: 671: 670: 668: 666: 643: 637: 629:Justice O’Connor 626: 620: 614: 605: 599: 587: 581: 580: 578: 576: 567: 555: 540: 513: 507: 475: 367:on the issue of 328:." Id. at 1368. 309:Fourth Amendment 270:San Diego Police 134:Warren E. Burger 123:Court membership 33: 32: 21: 20: 1025: 1024: 1020: 1019: 1018: 1016: 1015: 1014: 965: 964: 959: 953: 950: 944: 941: 935: 932: 926: 905: 887:10.2307/1144123 859:(4): 1057–1080. 852:Iowa Law Review 837: 835:Further reading 832: 815: 811: 804: 800: 781: 777: 769: 756: 746: 735:Justice Kennedy 728: 724: 715: 711: 700: 696: 679: 678: 674: 664: 662: 661:on May 15, 2010 645: 644: 640: 627: 623: 612: 606: 602: 588: 584: 574: 572: 565: 557: 556: 552: 548: 543: 514: 510: 476: 472: 468: 438: 381: 349: 301: 285:Chief of Police 259: 178:John P. Stevens 176: 164: 152: 118:identification. 83: 44: 38: 19: 12: 11: 5: 1023: 1013: 1012: 1007: 1002: 997: 992: 987: 982: 977: 963: 962: 911: 904: 903:External links 901: 900: 899: 881:(3): 775–836. 861: 836: 833: 831: 830: 818:at the request 809: 798: 775: 773: 772: 760: 759: 750: 749: 722: 709: 694: 672: 638: 636: 635: 621: 600: 597: 596: 582: 549: 547: 544: 542: 541: 539: 538: 534: 530: 526: 523: 519: 508: 506: 505: 501: 498: 494: 490: 487: 484: 481: 469: 467: 464: 463: 462: 457: 452: 444: 437: 434: 380: 377: 348: 345: 300: 297: 258: 255: 232: 231: 225: 224: 220: 219: 216: 212: 211: 208: 204: 203: 200: 196: 195: 191: 190: 189: 188: 162:Harry Blackmun 139: 136: 131: 125: 124: 120: 119: 114: 113: 109: 108: 94: 90: 89: 85: 84: 77: 61: 57: 56: 51: 50:Full case name 47: 46: 40: 39: 34: 26: 25: 17: 9: 6: 4: 3: 2: 1022: 1011: 1008: 1006: 1005:Vagrancy laws 1003: 1001: 998: 996: 993: 991: 988: 986: 983: 981: 978: 976: 973: 972: 970: 958: 949: 940: 931: 924: 920: 916: 912: 910: 907: 906: 896: 892: 888: 884: 880: 876: 875: 870: 866: 862: 858: 854: 853: 848: 846: 839: 838: 827: 823: 819: 813: 807: 802: 795: 792: 788: 784: 779: 767: 766: 764: 753: 752: 743: 739: 738: 736: 732: 726: 719: 713: 706: 698: 690: 686: 682: 676: 660: 656: 652: 648: 642: 633: 632: 630: 625: 618: 610: 604: 594: 593: 591: 586: 571: 564: 562: 554: 550: 535: 531: 527: 524: 520: 517: 516: 512: 502: 499: 495: 491: 488: 485: 482: 479: 478: 474: 470: 461: 458: 456: 453: 451: 449: 445: 443: 440: 439: 433: 431: 426: 424: 420: 416: 414: 410: 406: 402: 399: 395: 391: 390: 386:was cited in 385: 376: 374: 370: 366: 361: 358: 354: 344: 342: 338: 334: 329: 327: 321: 318: 314: 310: 306: 299:Prior history 296: 294: 290: 286: 281: 279: 273: 271: 267: 263: 262:Edward Lawson 254: 252: 248: 244: 240: 239: 230: 226: 221: 217: 213: 209: 205: 201: 197: 194:Case opinions 192: 187: 183: 179: 175: 171: 167: 163: 159: 155: 151: 147: 143: 140: 137: 135: 132: 130:Chief Justice 129: 128: 126: 121: 115: 110: 106: 102: 99: 95: 91: 86: 81: 75: 74: 69: 66: 62: 58: 55: 52: 48: 41: 37: 27: 22: 16: 914: 878: 872: 856: 850: 844: 812: 801: 782: 778: 762: 741: 730: 725: 717: 712: 703: 697: 688: 684: 675: 663:. Retrieved 659:the original 654: 650: 641: 624: 608: 603: 585: 573:. Retrieved 569: 560: 553: 511: 473: 447: 427: 422: 418: 417: 412: 408: 387: 383: 382: 364: 362: 352: 350: 330: 322: 304: 302: 282: 277: 274: 260: 237: 236: 235: 223:Laws applied 181: 169: 157: 145: 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:· 180:  172: 170:· 168:  160: 158:· 156:  148: 146:· 144:  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 68:352 971:: 917:, 889:. 879:89 877:. 871:. 857:69 855:. 849:. 733:, 687:. 683:. 653:. 649:. 568:. 561:v. 432:. 392:, 375:. 295:. 897:. 885:: 669:. 655:2 579:. 103:( 76:) 70:(

Index

Supreme Court of the United States
U.S.
352
more
L. Ed. 2d
F.2d
1362
9th Cir.
Warren E. Burger
William J. Brennan Jr.
Byron White
Thurgood Marshall
Harry Blackmun
Lewis F. Powell Jr.
William Rehnquist
John P. Stevens
Sandra Day O'Connor
U.S. Const. amend. XIV
United States Supreme Court
constitutionality of vague laws
loiterers
Edward Lawson
San Diego County, California
San Diego Police
Chief of Police
San Diego
Sheriff of San Diego County
Fourth Amendment
prohibition
unreasonable searches and seizures

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