An Unconstitutional Arrest for Refusing To Show ID to the Cops

In an important win for Fourth Amendment advocates, a Virginia man’s arrest for refusing to show identification to the police has been ruled unconstitutional by a federal appellate court.

The case is Wingate v. Fulford. George Wingate was driving in Stafford County, Virginia, in the early morning hours of April 25, 2017, when his car’s engine light came on. A former mechanic, Wingate pulled over, popped the hood, and began checking things out. Stafford County Sheriff’s Deputy Scott Fulford, who happened to be cruising by, noticed the parked vehicle and pulled over to offer his assistance.

That’s when things took a turn for the worse for Wingate. According to the deputy’s account, he became suspicious of Wingate and demanded to see some form of identification. Wingate, who had done nothing wrong, flatly refused. The officer’s mic captured their exchange of words:

Wingate: Have I committed a crime?

Fulford: No. I didn’t say you did.

Wingate: All right then.

Fulford: You’re still required to—

Wingate: Am I free to go?

Fulford: —identify yourself.

Wingate: Am I free to go?

Fulford: Not right now, no.

Wingate: Am I being detained?

Fulford: You’re not detained.

Wingate: Am I free to go?

Fulford: No.

Wingate: Am I being detained? If I’m not being detained, then I’m free to go.

Fulford: You’re not free