Palmer v. City of Euclid
Opinion of the Court
Appellant Palmer was convicted by a jury of violating the City of Euclid’s “suspicious person ordinance,” that is, of being
“[a]ny person who wanders about the streets or other public ways or who is found abroad at late or unusual hours in the night without any visible or lawful business and who does not give satisfactory account of himself.”
He was fined $50 and sentenced to 30 days in jail. The County Court of Appeals affirmed the judgment and appeal to the Supreme Court of Ohio was dismissed “for
We reverse the judgment against Palmer because the ordinance is so vague and lacking in ascertainable standards of guilt that, as applied to Palmer, it failed to give “a person of ordinary intelligence fair notice that his contemplated conduct is forbidden . . . United States v. Harriss, 347 U. S. 612, 617 (1954).
The elements of the crime defined by the ordinance apparently are (1) wandering about the streets or being abroad at late or unusual hours; (2) being at the time without visible or lawful business;
The judgment of the Supreme Court of Ohio is reversed.
It is so ordered.
The ordinance seemingly requires a “business” purpose to be on the streets. But it seems irrational to construe the ordinance as permitting only visible and lawful commercial activities on the streets, thus in effect converting the ordinance into a curfew with exceptions for lawful commercial conduct. Neither the lower court nor appellee city suggests that the ordinance should be construed in this manner or that anyone would expect that it would be so construed.
Concurring Opinion
concurring.
While I agree with the Court that Euclid’s “suspicious person ordinance” is unconstitutional as applied to the appellant, I would go further and hold that the ordinance is unconstitutionally vague on its face.
A policeman has a duty to investigate suspicious circumstances, and the circumstance of a person wandering the streets late at night without apparent lawful business may often present the occasion for police inquiry. But in my view government does not have constitutional power to make that circumstance, without more, a criminal offense.
Reference
- Full Case Name
- Palmer v. City of Euclid, Ohio
- Cited By
- 130 cases
- Status
- Published