My town’s city council has recently implemented a 10 PM curfew for those under 18.
My question is: As an adult, what if I walk around after 10 PM without ID, and a police officer stops me, Can he arrest me purely on the suspicion that I’m a minor?
If it came down to that, you could be detained until your age was verified. He would be conducting an investigation for a crime he believes is being committed. You wouldn’t get arrested though. Not for just suspicion of being underage.
Kinda like if your were drinking alcohol in a bar and a cop came in and asked to see your ID. But you dont have it. You’re a regular and the bartender served you without carding you. This is going to cause a huge inconvenience for you, but at no time would you be “arrested”. You haven’t committed any crime.
IANAL, YMMV bla bla bla.
I’ve got a related question: What gives a municipality the right to impose a curfew in the U.S., and how extensive it that right?
I would imagine that the Constitutional rights of free assembly, travel, due process etc. would provide some serious limits on the rights of a governmental entity to limit people from being on the streets. Have there been Constitutional rulings authorizing this, whether for minors or adults?
IANAL, but rights apparently only become inalienable after the age of majority.