Kolender v. Lawson

Media Items
Oral Argument
Get Adobe Flash Player
Opinion Announcement
Get Adobe Flash Player
Advocates
Mark D. Rosenbaum (By invitation of the Court, argued the cause as amicus curiae in support of the judgment below)
A. Wells Petersen (Argued the cause for the appellants)
Case Basics
Docket No.: 
81-1320
Appellee: 
Lawson
Appellant: 
Kolender
Decided By: 
Burger Court (1981-1986)
Opinion: 
461 U.S. 352 (1983)
Decided: 
Monday, May 2, 1983

Cite this page
The Oyez Project, Kolender v. Lawson , 461 U.S. 352 (1983)
available at: (http://oyez.org/cases/1980-1989/1982/1982_81_1320)
Facts of the Case: 

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 when he walked in white neighborhoods. Lawson challenged the California law "that requires persons who loiter or wander on the streets to provide a 'credible and reliable' identification and to account for their presence when requested by a peace officer."

Question: 

Is the California statute unconstitutionally vague?

Conclusion: 

The law was unconstitutionally vague because it gave excessive discretion to the police (in the absence of probable cause for an arrest) whether to stop and interrogate a suspect or leave him alone. The majority hinted that the California statute compromised the constitutional right to freedom of movement.

Decisions

Decision: 7 votes for Lawson, 2 vote(s) against
Legal provision: Due Process

Sort by Ideology

Voted with the majority
Burger
Wrote a regular concurrence
Brennan
Wrote a dissent
White
Voted with the majority
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Voted with the minority, joined White's dissent
Rehnquist
Voted with the majority
Stevens
Wrote the majority opinion
O'Connor

Full Opinion by Justice Sandra Day O'Connor