Federal Court Rules in Favor of KBN Client in Important Fourth Amendment Case 
Kwall Barack Nadeau PLLC is proud to announce a significant victory for our client in Johnson v. Nocco, Case No. 8:20-cv-1370 (M.D. Fla.).
The U.S. District Court for the Middle District of Florida ruled that the arrest of our client, a passenger in a vehicle stopped by the Pasco County Sheriff’s Office, violated the Fourth Amendment. The Court held that the deputy could not arrest a passenger simply for refusing to identify himself.
Our client, who was charged with “resisting without violence,” was never convicted of any offense. The Court agreed that being a passenger in a vehicle does not, by itself, create an obligation to identify oneself to law enforcement.
What the Ruling Means
This ruling reinforces a fundamental constitutional principle individuals cannot be lawfully arrested merely for choosing to remain silent or for declining to produce identification when there is no reasonable suspicion of wrongdoing.
While the Court granted summary judgment on the Fourth Amendment violation, it left for trial the question of whether the Sheriff’s Office maintained a policy or custom that led to this unlawful arrest, an important issue of accountability under Monell v. Department of Social Services.
Our Statement
“This case is about protecting the core constitutional rights of ordinary people,” said Ryan Barack, attorney for the plaintiff. “No one should be arrested simply for refusing to identify themselves when they’ve done nothing wrong. We’re proud to stand up for our client and for the principles the Fourth Amendment embodies.”