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Keeping your name private can be a crime!

 
 
Reply Tue 22 Jun, 2004 10:52 am
HIIBEL V. SIXTH JUDICIAL DIST. COURT OF NEV.,HUMBOLDT CTY.
http://supct.law.cornell.edu/supct/html/03-5554.ZO.html

DECIDED: June 21, 2004

Hiibel was arrested and convicted for refusing to identify himself during a stop allowed by Terry v. Ohio, 392 U.S. 1 (1968). He challenged his conviction under the Fourth and Fifth Amendments to the United States Constitution, applicable to the States through the Fourteenth Amendment.

FOURTH AMENDMENT:

The U.S. Supreme Court held that the principles of Terry permit a State to require a suspect to disclose his name in the course of a Terry stop. A Terry stop must be justified at its inception and “reasonably related in scope to the circumstances which justified” the initial stop. An officer may not arrest a suspect for failure to identify himself if the request for identification is not reasonably related to the circumstances justifying the stop.

FIFTH AMENDMENT:

The Supreme Court held, "While we recognize petitioner’s strong belief that he should not have to disclose his identity, the Fifth Amendment does not override the Nevada Legislature’s judgment to the contrary absent a reasonable belief that the disclosure would tend to incriminate him."

*****

Based upon this case, does everyone now know when keeping your identity private can be a crime? I don't know about the rest of you, but that amorphous concept of "reasonableness" just clears up everything for me.
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Type: Discussion • Score: 2 • Views: 998 • Replies: 5
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Craven de Kere
 
  1  
Reply Tue 22 Jun, 2004 10:53 am
http://www.able2know.com/forums/viewtopic.php?t=21135
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Walter Hinteler
 
  1  
Reply Tue 22 Jun, 2004 11:09 am
Justice Kennedy's opinion, along with Justice Stevens' dissent and Justice Breyer's dissent, bzw, can be read in full at Cornell's Legal Information Institute
0 Replies
 
NickFun
 
  1  
Reply Tue 22 Jun, 2004 12:29 pm
About 15 years ago I was stopped by the police as I was just walking down the street about 9PM in a small town in Pennsylvania. They asked me "where are you going", "where do you live", "what's your name". As they were interrogating me 2 more police showed up for a total of 4! I was visiting PA from Boston and left my drivers license at the place I was staying. Finally I said, "I say no more until I get a lawyer". Then I yelled at them for stopping me for no reason. An older cop yelled at me for yelling at him. I almost wished they had taken me in and put me in jail. I could have used the lawsuit money.
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joefromchicago
 
  1  
Reply Tue 22 Jun, 2004 02:45 pm
Walter Hinteler wrote:
Justice Kennedy's opinion, along with Justice Stevens' dissent and Justice Breyer's dissent, bzw, can be read in full at Cornell's Legal Information Institute

I believe we have previously established that "bzw" is the German abbreviation for "by ze way."
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Walter Hinteler
 
  1  
Reply Tue 22 Jun, 2004 02:47 pm
joefromchicago wrote:

I believe we have previously established that "bzw" is the German abbreviation for "by ze way."


Laughing Actually, it's a really shabby typo, because the "z" is left of the "t" on a German keyboard .... and because "bzw" means "resp. : respectively" :wink:
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