F.3d, 20221 WL 377796

Wingate v. Fulford

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 01:17

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 qual