Kolender v. Lawson

461 U.S. 352 (1983)

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Nature of the Case

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Facts

California enacted a Penal Code section 647 (e) that made it a crime if an individual failed to produce credible and reliable identification to a police officer who reasonably believed that public safety was threatened under the standards of Terry v. Ohio, 392 U.S. 1. Lawson (P) was detained or arrested about 15 times between March 1975 and January 1977, which lead to one conviction based on 647 (e). P then sought a declaratory judgment claiming that 647(e) is unconstitutional because it contains a vague enforcement standard that is susceptible to arbitrary enforcement. The relief was granted, and it was held that the statute contained a vague enforcement standard and did not give fair and adequate notice of the type of conduct prohibited. Kolender (D) appealed and P cross-appealed, arguing that he was entitled to a jury trial on the issue of damages against the officers. The appellate court determined that the statute was unconstitutional in that it violates the Fourth Amendment's proscription against unreasonable searches and seizures, it contains a vague enforcement standard that is susceptible to arbitrary enforcement, and it fails to give fair and adequate notice of the type of conduct prohibited. The Ninth Circuit reversed the District Court as to its holding that P was not entitled to a jury trial to determine the good faith of the officers in his damages action against them, and remanded the case to the District Court for trial. The officers (D) appealed to this Court from that portion of the judgment of the Court of Appeals which declared § 647(e) unconstitutional and which enjoined its enforcement.