A Constitutional Dilemma for Loitering Statutes?

Authors

anon

Abstract

Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that he identify himself. People v. Weger, 251 A.C.A. 663, 59 Cal. Rptr. 661 (2d Dist. Ct. App., 1967), cert. denied, 36 U.S.L.W. 3280 (U.S. Jan. 15, 1968).

First Page

844

Recommended Citation

anon, Recent Developments, A Constitutional Dilemma for Loitering Statutes?, 43 Wash. L. Rev. 844 (1968).
Available at: https://digitalcommons.law.uw.edu/wlr/vol43/iss4/8