In what circumstances will a statute requiring a person to provide identification be invalid?

California, United States of America


The following excerpt is from People v. Ellison, 68 Cal.App.4th 203, 80 Cal.Rptr.2d 120 (Cal. App. 1998):

In support of his position, appellant relies on Kolender v. Lawson (1983) 461 U.S. 352, 103 S.Ct. 1855, 75 L.Ed.2d 903. In Kolender, the statute at issue required that a loitering individual provide " 'credible and reliable' " identification when stopped by police. (Id. at p. 359, 103 S.Ct. 1855.) However, there was no standard for determining what a suspect had to do in order to satisfy this "credible and reliable" identification requirement. Thus, the statute was invalid. The absence of adequate guidelines accorded full discretion to the police to determine whether the suspect was guilty of a crime. (Id. at pp. 360-361, 103 S.Ct. 1855.)

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