Stop and identify statutes
"Stop and identify" statutes are laws in the United States that authorize police to detain persons and request such persons to identify themselves, and arrest them if they do not.
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. Terry v. Ohio, 392 U.S. 1 (1968) established that it is constitutionally permissible for police to temporarily detain a person based on reasonable suspicion that a crime has been committed, and to conduct a search for weapons based on a reasonable belief that the person is armed. The question whether it is constitutionally permissible for the police to demand that a detainee provide his or her name was considered by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which held that the name disclosure did not violate the Fourth Amendment prohibition on unreasonable searches and seizures. The Hiibel Court also held that, because Hiibel had no reasonable belief that his name would be used to incriminate him, the name disclosure did not violate the Fifth Amendment right against self-incrimination; however, the Court left open the possibility that Fifth Amendment right might apply in situations where there was a reasonable belief that giving a name could be incriminating. The Court accepted the Nevada supreme court's interpretation of the Nevada statute that a detained person could satisfy the Nevada law by simply stating his name. The Court did not rule on whether particular identification cards could be required, though it did mention one state's law requiring "credible and reliable" identification had been struck down for vagueness.
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The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. Terry v. Ohio, 392 U.S. 1 (1968) established that it is constitutionally permissible for police to temporarily detain a person based on reasonable suspicion that a crime has been committed, and to conduct a search for weapons based on a reasonable belief that the person is armed. The question whether it is constitutionally permissible for the police to demand that a detainee provide his or her name was considered by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which held that the name disclosure did not violate the Fourth Amendment prohibition on unreasonable searches and seizures. The Hiibel Court also held that, because Hiibel had no reasonable belief that his name would be used to incriminate him, the name disclosure did not violate the Fifth Amendment right against self-incrimination; however, the Court left open the possibility that Fifth Amendment right might apply in situations where there was a reasonable belief that giving a name could be incriminating. The Court accepted the Nevada supreme court's interpretation of the Nevada statute that a detained person could satisfy the Nevada law by simply stating his name. The Court did not rule on whether particular identification cards could be required, though it did mention one state's law requiring "credible and reliable" identification had been struck down for vagueness.
This video is targeted to blind users.
Attribution:
Article text available under CC-BY-SA
Creative Commons image source in video
Видео Stop and identify statutes канала Audiopedia
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