Wingate v. Fulford

Plaintiff had car trouble, stopped at side of road, officer initially stopped to assist, then he and other officers arrested plaintiff when he refused to produce identification; incident became investigatory stop when officer told plaintiff he could not leave until he furnished identification; officer lacked sufficient suspicion to justify stop; arrest was unlawful because ordinance requiring identification was unconstitutional when applied outside the context of a valid investigatory stop; officer not entitled to qualified immunity for investigatory stop, but officers were entitled to qualified immunity for arrest because ordinance had not been previously held unconstitutional.