In factually complicated case, court affirms summary judgment in favor of officer for arresting passenger in vehicle for failing to produce identification during investigation of possible spray painting of public structure; dissent by Judge Willett.
Refusal to provide name during investigatory stop gave officers probable cause to arrest for obstructing a police officer in the performance of his duties, citing Hiibel v. Sixth Judicial District Ct. of Nevada, 542 U.S. 177 (2004); this despite the fact that in plaintiff’s criminal case, the Michigan Ct. of Appeals overturned conviction on ground there was no probable cause for arrest.
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