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064046P.pdf   04/04/2008  Richard Stufflebeam  v.  Jeff W. Harris
   U.S. Court of Appeals Case No:  06-4046
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges]
Civil case - civil rights. Arkansas law does not permit a police officer to arrest a person for refusing to identify himself when he is not suspected of other criminal activity and his identification is not needed to protect officer safety or to resolve whatever reasonable suspicion prompted the officer to initiate an on-going traffic stop or a Terry stop; as a result, the district court erred in dismissing plaintiff's Section 1983 claim; additionally, the arresting officer was not entitled to qualified immunity as the officer acted contrary to the plain meaning of the Rule 2.2 of the Arkansas Rules of Criminal Procedure, and no reasonable officer could believe he had cause to arrest plaintiff.