kolender lawson argued november decided may california statute requires persons loiter wander streets identify account presence requested peace officer california appeal construed statute require person provide credible reliable identification requested police officer reasonable suspicion criminal activity sufficient justify stop standards terry ohio california defined credible reliable identification carrying reasonable assurance identification authentic providing means later getting touch person identified appellee arrested convicted statute brought action federal district challenging statute constitutionality district held statute unconstitutional enjoined enforcement appeals affirmed held statute drafted construed state unconstitutionally vague face within meaning due process clause fourteenth amendment failing clarify contemplated requirement suspect provide credible reliable identification statute vests virtually complete discretion hands police determine whether suspect satisfied statute must permitted go way absence probable cause arrest pp affirmed remanded delivered opinion burger brennan marshall blackmun powell stevens joined brennan filed concurring opinion post white filed dissenting opinion rehnquist joined post wells petersen deputy attorney general california argued cause appellants briefs george deukmejian attorney general robert philibosian chief assistant attorney general daniel kremer assistant attorney general jay bloom deputy attorney general mark rosenbaum invitation argued cause amicus curiae support judgment brief dennis perluss fred okrand mary ellen gale robert lynn charles sims briefs amici curiae urging reversal filed william cahalan edward reilly wilson timothy baughman wayne county prosecutor office wayne schmidt james manak fred inbau americans effective law enforcement et al briefs amici curiae urging affirmance filed eugene iredale california attorneys criminal justice michael ratner center constitutional rights briefs amici curiae filed john van de kamp harry sondheim john messer appellate committee california district attorneys association dan stormer john huerta peter schey national lawyers guild et al quin denvir william blum state public defender california justice delivered opinion appeal presents facial challenge criminal statute requires persons loiter wander streets provide credible reliable identification account presence requested peace officer circumstances justify stop standards terry ohio conclude statute construed unconstitutionally vague within meaning due process clause fourteenth amendment failing clarify contemplated requirement suspect provide credible reliable identification accordingly affirm judgment appellee edward lawson detained arrested approximately occasions march january pursuant cal penal code ann west lawson prosecuted twice convicted second charge dismissed lawson brought civil action district southern district california seeking declaratory judgment unconstitutional mandatory injunction restrain enforcement statute compensatory punitive damages various officers detained district found overbroad person stopped less probable cause punished failing identify app juris statement district enjoined enforcement statute held lawson recover damages officers involved acted belief detention arrest lawful appellant porazzo deputy chief commander california highway patrol appealed district decision appeals ninth circuit lawson arguing entitled jury trial issue damages officers appeals affirmed district determination unconstitutionality appellate determined statute unconstitutional violates fourth amendment proscription unreasonable searches seizures contains vague enforcement standard susceptible arbitrary enforcement fails give fair adequate notice type conduct prohibited finally appeals reversed district holding lawson entitled jury trial determine good faith officers damages action remanded case district trial officers appealed portion judgment appeals declared unconstitutional enjoined enforcement noted probable jurisdiction pursuant ii courts lawson mounted attack facial validity evaluating facial challenge state law federal must course consider limiting construction state enforcement agency proffered hoffman estates flipside hoffman estates construed california appeal requires individual provide credible reliable identification requested police officer reasonable suspicion criminal activity sufficient justify terry detention people solomon cal app cal rptr credible reliable identification defined state appeal identification carrying reasonable assurance identification authentic providing means later getting touch person identified cal addition suspect may required account presence extent assists producing credible reliable identification cal terms statute failure individual provide credible reliable identification permits arrest iii constitution designed maximize individual freedoms within framework ordered liberty statutory limitations freedoms examined substantive authority content well definiteness certainty expression see generally bassiouni substantive criminal law generally stated doctrine requires penal statute define criminal offense sufficient definiteness ordinary people understand conduct prohibited manner encourage arbitrary discriminatory enforcement hoffman estates flipside hoffman estates supra smith goguen grayned city rockford papachristou city jacksonville connally general construction although doctrine focuses actual notice citizens arbitrary enforcement recognized recently important aspect vagueness doctrine actual notice principal element doctrine requirement legislature establish minimal guidelines govern law enforcement smith legislature fails provide minimal guidelines criminal statute may permit standardless sweep allows policemen prosecutors juries pursue personal predilections section presently drafted construed state courts contains standard determining suspect order satisfy requirement provide credible reliable identification statute vests virtually complete discretion hands police determine whether suspect satisfied statute must permitted go way absence probable cause arrest individual police may think suspicious probable cause believe committed crime entitled continue walk public streets whim police officer happens stop individual shuttlesworth city birmingham concern based upon potential arbitrarily suppressing first amendment liberties addition implicates consideration constitutional right freedom movement see kent dulles aptheker secretary state section simply statute rather statute requires individual provide credible reliable identification carries reasonable assurance authenticity provides means later getting touch person identified solomon cal app cal addition suspect may also account presence extent assists producing credible reliable identification cal oral argument appellants confirmed suspect violates unless officer satisfied identification reliable tr oral arg giving examples suspects satisfy requirement appellants explained jogger carrying identification depending particular officer required answer series questions concerning route followed arrive place officers detained satisfy identification requirement simply reciting name address see clear full discretion accorded police determine whether suspect provided credible reliable identification necessarily entrust lawmaking judgment policeman beat smith supra quoting gregory chicago black concurring section furnishes convenient tool harsh discriminatory enforcement local prosecuting officials particular groups deemed merit displeasure papachristou quoting thornhill alabama confers police virtually unrestrained power arrest charge persons violation lewis city new orleans powell concurring result providing detention may occur level suspicion sufficient justify terry stop state ensures existence neutral limitations conduct individual officers brown texas page although initial detention justified state fails establish standards officers may determine whether suspect complied subsequent identification requirement appellants stress need strengthened law enforcement tools combat epidemic crime plagues nation concern citizens curbing criminal activity certainly matter requiring attention branches government weighty concern however justify legislation otherwise fail meet constitutional standards definiteness clarity see lanzetta new jersey section presently construed requires suspicious persons satisfy undefined identification requirement face criminal punishment although due process require impossible standards clarity see petrillo case precision statutory language either impossible impractical iv conclude unconstitutionally vague face encourages arbitrary enforcement failing describe sufficient particularity suspect must order satisfy statute accordingly judgment appeals affirmed case remanded proceedings consistent opinion ordered footnotes district failed find facts concerning particular occasions lawson detained arrested however trial transcript contains numerous descriptions stops given lawson police officers detained example one police officer testified stopped lawson walking otherwise vacant street late night area isolated area located close high crime area tr another officer testified detained lawson walking late hour business area businesses still open asked identification burglaries committed unknown persons general area appellee never stopped police reason apart detentions appellants apparently never challenged propriety declaratory injunctive relief case see steffel thompson appellants ever challenged lawson standing seek relief note lawson stopped approximately occasions pursuant stops occurred period less two years thus credible threat lawson might detained see ellis dyson wainwright stone held purpose determining whether state statute vague indefinite constitute valid legislation must take statute though read precisely highest state interpreted minnesota ex rel pearson probate appeals ninth circuit noted decision state intermediate appellate construed statute people solomon cal app cal rptr state refused review solomon law california nine years circumstances agree ninth circuit solomon opinion authoritative purposes defining meaning see solomon apparently read terry ohio hold test terry detention whether officer information lead reasonable man believe intrusion appropriate ninth circuit noted according terry applicable test fourth amendment requires police officer making detention able point specific articulable facts taken together rational inferences facts reasonably warrant intrusion ninth circuit held although solomon articulated terry standard differed terry actually held believe solomon meant incorporate principle standards enunciated terry agree interpretation solomon course solomon misread terry interpreted permit investigative detentions situations officers lack reasonable suspicion criminal activity based objective facts fourth amendment concerns implicated see brown texas addition solomon appeared believe terry detention frisk proper standard terry detentions since frisk intrusive request identification request identification must proper terry see cal app cal ninth circuit observed solomon analysis slightly askew reasoned terry frisk opposed detention proper detaining officer reasonably believes suspect may armed dangerous addition articulable suspicion criminal activity afoot people caylor cal app cal rptr suggested state must prove suspect detained loitering wandering evil purposes however solomon parties concede authoritative absence california decision issue discussion requirement state prove evil purposes concern minimal guidelines finds roots far back decision reese certainly dangerous legislature set net large enough catch possible offenders leave courts step inside say rightfully detained set large extent substitute judicial legislative department government dissent justice white claims upshot cases whether statute purports regulate constitutionally protected conduct held unconstitutionally vague face unless vague possible applications post description holdings inaccurate several respects first neglects fact permit facial challenge law reaches substantial amount constitutionally protected conduct hoffman estates flipside hoffman estates second statute imposes criminal penalties standard certainty higher see winters new york concern times led us invalidate criminal statute face even conceivably valid application see colautti franklin lanzetta new jersey dissent concedes overbreadth doctrine permits facial challenge law reaches substantial amount conduct protected first amendment post however dissent view one may confuse vagueness overbreadth attacking enactment vague applied conduct post traditionally viewed vagueness overbreadth logically related similar doctrines see keyishian board regents naacp button see also note doctrine rev authority cited dissent supports argument facial challenges arbitrary enforcement context dissent relies heavily parker levy case deliberately applied less stringent vagueness analysis ecause factors differentiating military society civilian society hoffman estates supra also relied upon dissent support position addition reaffirming validity facial challenges situations free speech free association affected see emphasized ordinance hoffman estates simply regulates business behavior economic regulation subject less strict vagueness test subject matter often narrow extent criminalizes suspect failure answer questions put police officers fifth amendment concerns implicated settled principle police right request citizens answer voluntarily questions concerning unsolved crimes right compel answer davis mississippi affirm judgment ground find unnecessary decide questions raised parties resolution issues decide constitutional questions advance necessity see burton liverpool commissioners emigration see also ashwander tva brandeis concurring remaining issues raised parties include whether implicates fourth amendment concerns whether individual legitimate expectation privacy identity detained lawfully terry whether requirement individual identify terry stop violates fifth amendment protection compelled testimony whether inclusion terry standard part criminal statute creates vagueness problems appellee also argues permits arrests less probable cause see michigan defillippo justice brennan concurring join opinion demonstrates convincingly california statute issue case cal penal code ann west interpreted california courts unconstitutionally vague even defect identified cured however hold statute violates fourth amendment merely facilitate general law enforcement objectives investigating preventing unspecified crimes may authorize arrest criminal prosecution individual failing produce identification information demand police officer long settled fourth amendment prohibits seizure detention search individual person unless probable cause believe committed crime except certain conditions strictly defined legitimate requirements law enforcement limited extent resulting intrusion individual liberty privacy see davis mississippi scope exception requirement seizures person defined series cases beginning terry ohio holding police officer reasonable suspicion criminal activity based articulable facts may detain suspect briefly purposes limited questioning may conduct brief frisk suspect protect concealed weapons see adams williams probable cause lacking expressly declined allow significantly intrusive detentions searches terry rationale despite assertion compelling law enforcement interests narrowly defined intrusions requisite balancing performed centuries precedent embodied principle seizures reasonable supported probable cause dunaway new york terry cases following give full recognition law enforcement officers need intermediate response short arrest suspicious circumstances power effect brief detention purpose questioning powerful tool investigation prevention crimes person may course direct question another person passing terry doctrine permits police officers far requisite reasonable suspicion may use number devices substantial coercive impact person direct attention including official show authority use physical force restrain search person weapons terry ohio supra see florida royer opinion white mendenhall opinion stewart encounter people ever feel free cooperate fully police answering questions cf lafave search seizure pp case reports replete examples suspects cooperation terry encounters even suspects great deal lose see sibron new york florida royer supra price effectiveness however intrusion individual interests protected fourth amendment held intrusiveness even brief stops purposes questioning sufficient render seizures fourth amendment see terry ohio precisely reason scope seizures person less probable cause terry permits strictly circumscribed limit degree intrusion cause terry encounters must brief suspect must moved asked move short distance physical searches permitted extent necessary protect police officers involved encounter importantly suspect must free leave short time decline answer questions put person may briefly detained pertinent questions directed course person stopped obliged answer answers may compelled refusal answer furnishes basis arrest although may alert officer need continued observation white concurring power arrest otherwise prolong seizure suspect responded satisfaction police officers undoubtedly elicit cooperation high percentage even individuals sufficiently coerced show authority brief physical detention frisk never claimed expansion power police officers act reasonable suspicion alone even less law enforcement interests see brown texas balance struck fourth amendment public interest effective law enforcement equally public interest safeguarding individual freedom privacy arbitrary governmental interference forbids expansion see dunaway new york supra detention beyond limits terry without probable cause improve effectiveness legitimate police investigations small margin expose individual members public exponential increases intrusiveness encounter risk police officers abuse discretion improper ends furthermore regular expansion terry encounters intrusive detentions without clear connection specific underlying crimes likely exacerbate ongoing tensions exist police public see report national advisory commission civil disorders sum fourth amendment police officers reasonable suspicion individual committed commit crime may detain individual using force necessary purpose asking investigative questions may ask questions way calculated obtain answer may compel answer must allow person leave reasonably brief period time unless information acquired encounter given probable cause sufficient justify arrest california abridge constitutional rule making crime refuse answer police questions terry encounter abridge protections fifth sixth amendments making crime refuse answer police questions suspect taken custody begin statute issue case constitutional unless intrusions fourth amendment rights occasions necessary advance specific legitimate state interest already taken account constitutional analysis described yet appellants claim advances interest general facilitation police investigation preservation public order factors addressed length terry davis dunaway appellants show power arrest impose criminal sanction addition power detain pose questions aegis state authority necessary pursuit state legitimate interests justify substantial additional intrusion individuals rights compare brief appellants asserting justified state interest detecting preventing crime protecting citizenry criminal acts people solomon cal app cal rptr justified public need involved protection society crime supra federal interest immigration control permits stops border without reasonable suspicion california byers harlan concurring judgment state interest regulating automobiles justifies making crime refuse stop automobile accident report thus state interests extend far justify limited searches seizures defined terry balance interests described case progeny must control second goes without saying arrest threat criminal sanction substantial impact interests protected fourth amendment far severe ever permitted less probable cause furthermore likelihood innocent persons accosted law enforcement officers authority realistic means protect rights compounds severity intrusions individual liberty statute occasion arrests authorizes make mockery right enforced brown texas held squarely state may make crime refuse provide identification demand absence reasonable suspicion remains force validity arrests open challenge fact individual prosecutions failure produce identification scrutiny vindicate fourth amendment rights persons like appellee many even prosecuted arrested see ante pedestrian approached police officers way knowing whether officers reasonable suspicion without may demand identification even ante condition depends solely objective facts known officers evaluated light experience see terry ohio pedestrian know assert rights may subject arrest goes new acquaintances among jailers lawyers prisoners bail bondsmen firsthand knowledge local jail conditions search incident arrest expense defending possible prosecution response expected compliance officers requests whether based reasonable suspicion without regard possibility later vindication mere reasonable suspicion justify subjecting innocent dilemma defining crime failure respond requests personal information terry encounter permitting arrests upon commission crime california attempts statute compel may compelled constitution even unconstitutionally vague fourth amendment prohibit enforcement recent years found state statute invalid directly fourth amendment long recognized government may authorize police conduct trenches upon fourth amendment rights regardless labels attaches conduct sibron new york sibron numerous cases fourth amendment issue arose context motion defendant criminal prosecution suppress evidence obtained result police search seizure person property question thus always whether particular conduct police violated fourth amendment reach question whether state law purporting authorize conduct also offended constitution case however appellee edward lawson repeatedly arrested authority california statute shown likely subjected seizures police future statute remains force see los angeles lyons ante gomez layton app goes without saying fourth amendment safeguards rights prosecuted crimes well rights brief detention usually sufficient practical matter accomplish legitimate law enforcement objectives respect individuals police probable cause arrest longer detentions even though fall short full arrest demanded high standard law enforcement necessity also objective indications individual consider detention significantly intrusive compare dunaway new york seizure suspect without probable cause custodial interrogation police station violates fourth amendment davis mississippi suspect may summarily detained taken police station fingerprinting may ordered appear specific time michigan summers suspect may detained home without probable cause time necessary search premises pursuant valid warrant supported probable cause see also florida royer opinion white least intrusive means requirement searches supported probable cause police officers may similar power respect persons reasonably believe material witnesses specific crime see ali model code procedure proposed official draft course reactions individuals properly limited terry encounter violence toward police officer furnish valid grounds arrest reactions flight may often provide necessary information addition officers already possess constitute probable cause circumstances even conceivable mere fact suspect refuses answer questions detained viewed context facts gave rise reasonable suspicion first place enough provide probable cause confronted claim however evaluate carefully make certain person arrested penalized exercise right refuse answer brown need consider whether state make crime refuse provide identification demand seizure permitted terry police reasonable suspicion probable cause see even arrest however may forced answer questions contrast appears normal procedure terry encounters informed see miranda arizona fact indicates desire remain silent police cease questioning altogether law enforcement officers probable cause believe person committed crime balance interests state individual shifts significantly individual may forced tolerate restrictions liberty invasions privacy possibly never redressed even charges dismissed individual acquitted individuals may arrested may resist probable cause nothing less represents point interests law enforcement justify subjecting individual significant intrusion beyond sanctioned terry including either arrest need answer questions individual want answer order avoid arrest end detention justice white justice rehnquist joins dissenting usual rule alleged vagueness criminal statute must judged light conduct charged violative statute see mazurie powell actor given sufficient notice conduct within proscription statute conviction vulnerable vagueness grounds even applied conduct law unconstitutionally vague none cases suggests one received fair warning criminality conduct statute question nonetheless entitled attack language give similar fair warning respect conduct might within broad literal ambit one whose conduct statute clearly applies may successfully challenge vagueness parker levy correlative rule criminal statute unconstitutionally vague face unless impermissibly vague applications hoffman estates flipside hoffman estates general rules equally applicable cases first amendment fundamental interests involved held circumstances precision drafting may required vagueness doctrine case regulation expression parker levy supra greater degree specificity demanded contexts smith goguen difference cases relates strict test vagueness shall applied judging particular criminal statute parker levy permit challenger statute confuse vagueness overbreadth attacking enactment vague applied conduct see ibid course actions protected first amendment constitutional provision statute fairly warn proscribed may convicted unavailing claim although knew conduct unprotected plainly enough forbidden statute others may doubt whether acts banned law upshot cases therefore whether statute purports regulate constitutionally protected conduct held unconstitutionally vague face unless vague possible applications fool know particular category conduct within reach statute unmistakable core reasonable person know forbidden law enactment unconstitutional face vulnerable facial attack declaratory judgment action involved case cases true even though applied conduct provision fail give constitutionally required notice illegality course overbreadth doctrine permits facial challenge law reaches substantial amount conduct protected first amendment indicated also agree first amendment cases vagueness analysis may demanding imply majority ante overbreadth doctrine requires facial invalidation statute vague applied defendant conduct vague applied acts confound vagueness overbreadth contrary parker levy supra range conduct clearly within reach statute law enforcement personnel well putative arrestees clearly notice arrests conduct authorized law nothing arbitrary discretionary arrests officer arrests act lawbreaker know clearly barred statute seems untenable exercise judicial review invalidate state conviction circumstance officer may arbitrarily misapply statute law might give sufficient guidance arresting officers respect conduct dealt situations see hoffman estates supra basis fashioning brand overbreadth invalidating statute face thus forbidding application identifiable conduct within state power sanction agree majority case made least sense conclude requirement provide credible reliable identification valid stop reasonable suspicion criminal conduct impermissibly vague applications hoffman estates flipside supra statute vulnerable ground majority seems fails demonstrate suppose example officer requests identification information suspect valid terry stop suspect answers none business surely suspect know statute refusal provide information constitute violation absurd suggest situation unfettered discretion police officer legally stopped person reasonable suspicion serve determine whether violation statute occurred whole range conduct anyone least semblance common sense know failure provide credible reliable identification covered statute instances ample notice actor room undue discretion enforcement officers may variety conduct might might claimed failed meet statute requirements state unpredictability situations change certainty others smith goguen white concurring judgment majority finds statute contains standard determining suspect order satisfy requirement provide credible reliable identification ante time majority concedes credible reliable defined state mean identification carries reasonable assurance identification authentic provides means later getting touch person narrowing construction given statute state likened standardless statutes involved cases cited majority example papachristou city jacksonville involved statute made crime vagrant statute provided rogues vagabonds dissolute persons go begging common gamblers common drunkards common night walkers lewd wanton lascivious persons common railers brawlers persons wandering strolling around place place without lawful purpose object habitual loafers shall deemed vagrants statutes lewis city new orleans smith goguen supra well cases cited majority clearly involved threatened infringements first amendment freedoms stricter test vagueness therefore warranted majority makes vague reference potential suppression first amendment liberties precise nature liberties threatened never mentioned shuttlesworth city birmingham cited case dealt ordinance making crime stand loiter upon street sidewalk requested police officer move first amendment concerns implicated statute adequately explained reference lovell city griffin schneider state dealt first amendment right distribute leaflets city streets sidewalks concerns present case course statute face violates fourth fifth amendment express views question justified striking majority apparently bring take course resorts instead vagueness doctrine invalidate statute clear many applications somehow distasteful majority construed applied doctrine serves authority oversee legislative choices criminal law area case leaves state quandary draft statute pass constitutional muster reverse judgment appeals majority attempts underplay conflict decision today decision last term hoffman estates flipside hoffman estates suggesting applied less strict vagueness test economic regulations issue also found ordinances challenged might characterized criminal nature held least respondent conduct clearly covered ordinance facial challenge unavailing even relatively strict test applicable criminal laws