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.