joegratz.net

Via BoingBoing, I came across the case of Deborah Davis, whose plight presents a really interesting constitutional law hypo.

The defendant was riding a public bus to work. The bus route traversed a federal office park, the Denver Federal Center. Everyone entering the grounds of the Denver Federal Center is required to present ID by the guards at the gate. A federal officer boarded the bus and requested identification; Davis refused and was arrested. She was cited with violating, and is expected to be charged with, violations of 41 CFR 102-74.375 (which, from its language, would seem to be a difficult thing for a citizen to violate, though I’m not an expert in the application of this regulation) and 41 CFR 102-74.385, which requires those present on federal property to obey the lawful directions of federal police officers.

Ms. Davis has not yet been charged with any crime, and it would not surprise me if no charges were brought; federal misdemeanors are not the United States Attorney’s highest priority.

But if it goes forward, the case could raise interesting questions — some of which have pretty clear answers, some of which don’t. May the government require ID for entry to government facilities? May the government require ID of those wishing merely to traverse federal lands? Is the right to travel implicated? Does the Hiibel rule — that ID may be required during a Terry stop — apply here? Is being in a public bus like being on a public road, even when the bus traverses private or federal property (having something akin to the status of diplomatic vehicles in foreign lands)?