Pinkerton v. Verberg 99 S.Ct. 2627 (1979) says: Personal liberty,
which is guaranteed to every citizen under our constitution and laws,
consists of the right to locomotion,-to go where one pleases, and
when, and to do that which may lead to one's business or pleasure,
only restrained as the rights to others may make it necessary for the
welfare of all other citizens. One may travel along the public
highways or in public places; and while conducting themselves in a
decent and orderly manner, distrubing no other, and interfering with
the rights of no other citizens, there, they will be protected under
law, not only their persons, but in their safe conduct. The
constitution and the laws are framed for the public good, and the
protection of all citizens from the highest to the lowest; and no one
may be restrained of his liberty, unless he transgressed some law.
Any law which would place the keeping and safe conduct of another in
the hands of even a conservator of the peace, unless for some breach
of the peace committed in his presence, or upon suspicion of felony,
would be most oppressive and unjust, and distroy all rights which our
Wilson v. Superior Court (1983) 34 Cal3d 777,789, quoting Florida v.
Rover (1983): Law enforcement officers do not violate the Fouth
Amendment by merely approaching an individual on the street or in
another public place, by asking him if he was willing to answer some
questions, by putting questions to him if the person is willing to
listen, or by offering in evidence in a criminal prosecutions his
voluntary answers to such questions. The person approached, however,
need not answer any questions put to him; indeed, he may decline to
listen to the questions at all and may go on his own way.
The Supreme Court has recognized the significant intrusion occasioned
by an identifcation requirement in a statute. See Brown v. Texas 443
U.S.47, 52, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979). "We believe that
the serious intrusion on personal security outweighs the mere
possibility that identification may provide a link leading to
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