California’s stop and identify statute was voided in Kolender v. - TopicsExpress



          

California’s stop and identify statute was voided in Kolender v. Lawson. But in People v. Long,[40] decided four years after Kolender, a California appellate court found no constitutional impropriety in a police officer’s demand for written identification from a detainee. The issue before the Long court was a request for suppression of evidence uncovered in a search of the defendant’s wallet, so the issue of refusal to present identification was not directly addressed; however some cite Long in maintaining that refusal to present written identification constitutes obstructing an officer.[41] Others disagree, and maintain that persons detained by police in California cannot be compelled to identify themselves.[42]
Posted on: Wed, 24 Dec 2014 12:00:47 +0000

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