Tuesday, 22 June 2004
You Weren't Using Those Amendments Anyway
If you've been reading this site for a while, you might remember the story of Dudley Hiibel, a 59 year old cowboy who owns a small ranch outside of Winnemucca, Nevada.
Dove asked Hiibel 11 times to show his identification, but Hiibel refused.
He was arrested and convicted of resisting an officer by refusing to show his identification, a misdemeanor. He was fined $250.
Hiibel appealed to the Nevada Supreme Court, but when the state court ruled against him, he took his case to the nation’s highest court.
It's all on video here. Check it out - the guy really isn't doing anything wrong.
But that didn't stop the Supreme Court from ruling 5-4 against Hiibel, thereby dealing yet another blow to what's left of our civil liberties:
During such “Terry stops,” officers have the right to ask questions about the person’s identity, the court said.
But, the court said, “it has been an open question whether the suspect can be arrested and prosecuted for refusal to answer.”
In Monday’s ruling, the justices settled that question.
“The Nevada statute is consistent with Fourth Amendment prohibitions against unreasonable searches and seizures because it properly balances the intrusion on the individual’s interests against the promotion of legitimate government interests,” said Justice Anthony M. Kennedy, writing for the majority.
But Justice John Paul Stevens, writing the dissenting opinion, said “a person’s identity obviously bears informational and incriminating worth.”
“As the target of that investigation, (Hiibel), in my view, acted well within his rights when he opted to stand mute,” Stevens wrote.
As of now, failure to produce identification upon demand even without probable cause could be grounds for arrest.
I've got an idea - why don't they just go ahead and tattoo our social security numbers on our arms?
Oh wait. That's already been done.
![](http://us.news1.yimg.com/us.yimg.com/p/rids/20040609/i/r1149447650.jpg)
Posted by SmooveJ Zao on June 22, 2004 at 11:29 AM in US News | Permalink
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