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Kolender v. Lawson, 461 U.S. 352 (1983)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kolender v. Lawson, 461 U.S. 352 (1983)
Kolender v. Lawson No. 81-1320 Argued November 8, 1982 Decided May 2, 1983 461 U.S. 352
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT
Syllabus
A California statute requires persons who loiter or wander on the streets to identify themselves and to account for their presence when requested by a peace officer. The California Court of Appeal has construed the statute to require a person to provide "credible and reliable" identification when requested by a police officer who has reasonable suspicion of criminal activity sufficient to justify a stop under the standards of Terry v. Ohio, 392 U.S. 1. The California court has defined "credible and reliable" identification as
carrying reasonable assurance that the identification is authentic and providing means for later getting in touch with the person who has identified himself.
Appellee, who had been arrested and convicted under the statute, brought an action in Federal District Court challenging the statute’s constitutionality. The District Court held the statute unconstitutional and enjoined its enforcement, and the Court of Appeals affirmed.
Held: 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" identification. As such, the statute vests virtually complete discretion in the hands of the police to determine whether the suspect has satisfied the statute and must be permitted to go on his way in the absence of probable cause to arrest. Pp. 355-361.
65 F.2d 1362, affirmed and remanded.
O’CONNOR, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, MARSHALL, BLACKMUN, POWELL, and STEVENS, JJ., joined. BRENNAN, J., filed a concurring opinion, post, p. 362. WHITE, J., filed a dissenting opinion, in which REHNQUIST J., joined, post, p. 369.
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Chicago: U.S. Supreme Court, "Syllabus," Kolender v. Lawson, 461 U.S. 352 (1983) in 461 U.S. 352 461 U.S. 353. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=534DLZL4RU1BTQI.
MLA: U.S. Supreme Court. "Syllabus." Kolender v. Lawson, 461 U.S. 352 (1983), in 461 U.S. 352, page 461 U.S. 353. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=534DLZL4RU1BTQI.
Harvard: U.S. Supreme Court, 'Syllabus' in Kolender v. Lawson, 461 U.S. 352 (1983). cited in 1983, 461 U.S. 352, pp.461 U.S. 353. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=534DLZL4RU1BTQI.
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