Were they “vagrants” or job seekers?

Papachristou et al. v. City of Jacksonville

92 S. Ct. 839, 405 U.S. 156 (1972)

A presumption that people who walk or loaf or loiter or stroll or who look suspicious to the police are to become future criminals is too precarious for a rule of law.  The implicit presumption in these generalized vagrancy standards is that crime is being nipped in the bud is too extravagant to deserve extended treatment.

Jimmy Lee Smith was arrested, no weapon and no ID on vagrancy Charges by the Jacksonville police department.

The United States Supreme Court Reversed and Remanded the lower courts ruling.

Note: It is not illegal to not have an ID or present an ID to the police.

Vagrancy laws offends the 14th Amendment, Statues permit law enforcement and courts to abuse discretion.

Vagancy laws

1.Prevent crime

2.   Permit temporary preventive detention

3.   Arrests are on suspicion.

4.   Do not have probable cause, not to justify arrest under 14th Amendment and 4th Amendment.

5.   Vagrancy laws offends the 14th Amendment, Statues permit law enforcement and courts to abuse discretion.

Source:

Criminal Law, Second Edition, Joel Samaha, University of Minnesota, West Publishing,  1987

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