Edward Lawson was a law-abiding black man of unusual deportment (he wore his hair in long dreadlocks). Lawson was frequently subjected to police questioning and harassment in San Diego County, California, where he lived when as a pedestrian he walked in so-called "white neighborhoods." He was detained or arrested approximately 15 times by the San Diego Police within 18 months, was prosecuted twice, and was convicted once (the second charge was dismissed).
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 People v. Solomon (1973), 33 Cal. App.3d 429, had construed the law to require “credible and reliable” identification that carries a “reasonable assurance” of its authenticity.
Using the construction of the California appellate court in Solomon, the Supreme Court held that the law was unconstitutionally vague 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.
Sources: Kolender v. Lawson Ruling Out the Rule of Law
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 People v. Solomon (1973), 33 Cal. App.3d 429, had construed the law to require “credible and reliable” identification that carries a “reasonable assurance” of its authenticity.
Using the construction of the California appellate court in Solomon, the Supreme Court held that the law was unconstitutionally vague 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.
Sources: Kolender v. Lawson Ruling Out the Rule of Law
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