Supreme Court of the United States

Kolender v. Lawson

May 2, 1983461 U.S. 352

Summary

The Court held that California Penal Code § 647(e), as construed by the state courts, was facially unconstitutional under the Due Process Clause because it failed to specify what a person must do to provide a "credible and reliable" identification. The statute gave police virtually complete discretion to decide whether a detained person had complied, creating an impermissible risk of arbitrary enforcement. The Court affirmed the judgment declaring the statute unconstitutional and enjoining its enforcement.

Holding

  • Whether § 647(e) is facially unconstitutionally vague.. Section 647(e) is unconstitutionally vague on its face because it does not describe with sufficient particularity what a suspect must do to provide a "credible and reliable" identification, thereby encouraging arbitrary enforcement.

Docket 81-1320

Cited authorities

Cited by