hiibel sixth judicial district nevada humboldt county et argued march decided june counsel record petitioners hiibel james logan nevada public defender office carson city nv respondents sixth judicial district et al conrad hafen senior deputy attorney general las vegas nv petitioner hiibel arrested convicted nevada refusing identify police officer investigative stop involving reported assault nevada stop identify statute requires person detained officer suspicious circumstances identify state intermediate appellate affirmed rejecting hiibel argument state law application case violated fourth fifth amendments nevada affirmed held petitioner conviction violate fourth amendment rights fifth amendment prohibition pp state stop identify statutes often combine elements traditional vagrancy laws provisions intended regulate police behavior course investigatory stops vary state state permit officer ask require suspect disclose identity papachristou jacksonville invalidated traditional vagrancy law vagueness broad scope imprecise terms recognized similar constitutional limitations brown texas invalidated conviction violating texas stop identify statute fourth amendment grounds kolender lawson invalidated vagueness grounds california modified stop identify statute required suspect give officer credible reliable identification asked identify case begins cases left initial stop based reasonable suspicion satisfying fourth amendment requirements noted brown hiibel alleged nevada statute unconstitutionally vague kolender statute narrower precise contrast credible reliable identification requirement kolender nevada interpreted instant statute require suspect disclose name apparently require produce driver license document chooses either state name communicate officer means statute satisfied violation occurs pp officer conduct violate hiibel fourth amendment rights ordinarily investigating officer free ask person identification without implicating amendment ins delgado beginning terry ohio recognized officer reasonable suspicion person may involved criminal activity permits officer stop person brief time take additional steps investigate although well established officer may ask suspect identify terry stop see hensley open question whether suspect arrested prosecuted refusal answer see brown supra view terry principles permit state require suspect disclose name course terry stop terry supra nevada statute consistent fourth amendment prohibitions unreasonable searches seizures properly balances intrusion individual interests promotion legitimate government interests see delaware prouse identity request immediate relation terry stop purpose rationale practical demands threat criminal sanction helps ensure request become legal nullity hand statute alter nature stop changing neither duration location hiibel argues unpersuasively statute circumvents requirement allowing officer arrest person suspicious thereby creating impermissible risk arbitrary police conduct familiar concerns underlay kolender brown papachristou met requirement terry stop justified inception reasonably related scope circumstances justified initial stop terry request case commonsense inquiry effort obtain arrest failure identify terry stop yielded insufficient evidence stop request state requirement response contravene fourth amendment pp hiibel contention conviction violates fifth amendment prohibition fails disclosure name identity presented reasonable danger incrimination fifth amendment prohibits compelled testimony incriminating see brown walker protects disclosures witness reasonably believes used criminal prosecution lead evidence might used kastigar hiibel refusal disclose based articulated real appreciable fear name used incriminate furnish evidence needed prosecute hoffman appears refused identify thought name none officer business recognizes strong belief disclose identity fifth amendment override nevada legislature judgment contrary absent reasonable belief disclosure tend incriminate answering request disclose name likely insignificant incriminating unusual circumstances see baltimore city dept social servs bouknight case arises substantial allegation furnishing identity time stop given police link chain evidence needed convict individual separate offense consider whether fifth amendment privilege applies whether violated remedy must follow questions need resolved affirmed kennedy delivered opinion rehnquist scalia thomas joined stevens filed dissenting opinion breyer filed dissenting opinion souter ginsburg joined larry hiibel petitioner sixth judicial district nevada humboldt county et al writ certiorari nevada june justice kennedy delivered opinion petitioner arrested convicted refusing identify stop allowed terry ohio challenges conviction fourth fifth amendments constitution applicable fourteenth amendment sheriff department humboldt county nevada received afternoon telephone call reporting assault caller reported seeing man assault woman red silver gmc truck grass valley road deputy sheriff lee dove dispatched investigate officer arrived scene found truck parked side road man standing truck young woman sitting inside officer observed skid marks gravel behind vehicle leading believe come sudden stop officer approached man explained investigating report fight man appeared intoxicated officer asked identification understand request produce driver license form written identification man refused asked officer wanted see identification officer responded conducting investigation needed see identification unidentified man became agitated insisted done nothing wrong officer explained wanted find man continued refusals comply officer request identification man began taunt officer placing hands behind back telling officer arrest take jail routine kept several minutes officer asked identification times refused time warning man arrested continued refuse comply officer placed arrest know man arrested grass valley road larry dudley hiibel hiibel charged willfully resist ing delay ing obstruct ing public officer discharging attempting discharge legal duty office violation rev stat nrs government reasoned hiibel obstructed officer carrying duties nevada statute defines legal rights duties police officer context investigative stop section provides relevant part peace officer may detain person officer encounters circumstances reasonably indicate person committed committing commit crime officer may detain person pursuant section ascertain identity suspicious circumstances surrounding presence abroad person detained shall identify may compelled answer inquiry peace officer hiibel tried justice union township agreed hiibel refusal identify required obstructed delayed dove public officer attempting discharge duty violation app hiibel convicted fined sixth judicial district affirmed rejecting hiibel argument application case violated fourth fifth amendments review nevada rejected fourth amendment challenge divided opinion hiibel petitioned rehearing seeking explicit resolution fifth amendment challenge petition denied without opinion granted certiorari ii nrs enactment sometimes referred stop identify statute see code west ark code ann rev stat del code tit stat code ann comp ch stat ann la code crim proc art west mo rev stat mont code ann neb rev stat rev stat ann lexis stat ann crim proc law west cent code laws utah code ann stat tit supp stat see also note stop identify statutes new form inadequate solution old problem rutgers note statutes kolender lawson exploring fourth fifth amendment issues iowa rev stop identify statutes often combine elements traditional vagrancy laws provisions intended regulate police behavior course investigatory stops statutes vary state state permit officer ask require suspect disclose identity model statutes uniform arrest act model code permits officer stop person reasonably suspected committing crime demand name address business abroad whither going warner uniform arrest act rev statutes based text proposed american law institute part institute model penal code see ali model penal code comment pp provision originally designated provides person loitering circumstances justify suspicion may engaged engage crime commits violation refuses request peace officer identify give reasonably credible account lawfulness conduct purposes tentative draft suspect refusal identify misdemeanor offense civil violation others factor considered whether suspect violated loitering laws suspect may decline identify without penalty stop identify statutes roots early english vagrancy laws required suspected vagrants face arrest unless gave good account geo ch power reflected rights private persons arrest suspicious detain till give good account hawkins pleas crown ch ed recent decades found constitutional infirmity traditional vagrancy laws papachristou jacksonville held traditional vagrancy law void vagueness broad scope imprecise terms denied proper notice potential offenders permitted police officers exercise unfettered discretion enforcement law see recognized similar constitutional limitations scope operation stop identify statutes brown texas invalidated conviction violating texas stop identify statute fourth amendment grounds ruled initial stop based specific objective facts establishing reasonable suspicion believe suspect involved criminal activity see absent factual basis detaining defendant held risk arbitrary abusive police practices great stop impermissible four terms later invalidated modified stop identify statute vagueness grounds see kolender lawson california law kolender required suspect give officer identification asked identify held statute void provided standard determining suspect must comply resulting unrestrained power arrest charge persons violation quoting lewis new orleans powell concurring result present case begins prior cases left question initial stop based reasonable suspicion satisfying fourth amendment requirements noted brown petitioner alleged statute unconstitutionally vague kolender nevada statute narrower precise statute kolender interpreted require suspect give officer credible reliable identification contrast nevada interpreted nrs require suspect disclose name see opinion young suspect required provide private details background merely state name officer reasonable suspicion exists understand statute require suspect give officer driver license document provided suspect either name communicates officer means choice assume suspect may make statute satisfied violation occurs see iii hiibel argues conviction stand officer conduct violated fourth amendment rights disagree asking questions essential part police investigations ordinary course police officer free ask person identification without implicating fourth amendment nterrogation relating one identity request identification police constitute fourth amendment seizure ins delgado beginning terry ohio recognized law enforcement officer reasonable suspicion person may involved criminal activity permits officer stop person brief time take additional steps investigate delgado supra ensure resulting seizure constitutionally reasonable terry stop must limited officer action must inception reasonably related scope circumstances justified interference first place sharpe quoting terry supra example seizure continue excessive period time see place resemble traditional arrest see dunaway new york decisions make clear questions concerning suspect identity routine accepted part many terry stops see hensley ability briefly stop suspect ask questions check identification absence probable cause promotes strong government interest solving crimes bringing offenders justice hayes florida articulable facts supporting reasonable suspicion person committed criminal offense person may stopped order identify question briefly detain briefly attempting obtain additional information adams williams brief stop suspicious individual order determine identity maintain status quo momentarily obtaining information may reasonable light facts known officer time obtaining suspect name course terry stop serves important government interests knowledge identity may inform officer suspect wanted another offense record violence mental disorder hand knowing identity may help clear suspect allow police concentrate efforts elsewhere identity may prove particularly important cases police investigating appears domestic assault officers called investigate domestic disputes need know dealing order assess situation threat safety possible danger potential victim although well established officer may ask suspect identify course terry stop open question whether suspect arrested prosecuted refusal answer see brown decision holding routine traffic stop custodial stop requiring protections miranda arizona course explaining terry stops subject miranda suggested reasons terry stops nonthreatening character among fact suspect detained terry stop obliged respond questions see berkemer supra according petitioner statements establish right refuse answer questions terry stop read statements controlling passages recognize fourth amendment impose obligations citizen instead provides rights government result fourth amendment require suspect answer questions case concerns different issue however source legal obligation arises nevada state law fourth amendment statutory obligation go beyond answering officer request disclose name see nrs person detained shall identify may compelled answer inquiry peace officer result view dicta berkemer justice white concurrence terry answering question whether state compel suspect disclose name terry stop principles terry permit state require suspect disclose name course terry stop reasonableness seizure fourth amendment determined balancing intrusion individual fourth amendment interests promotion legitimate government interests delaware prouse nevada statute satisfies standard request identity immediate relation purpose rationale practical demands terry stop threat criminal sanction helps ensure request identity become legal nullity hand nevada statute alter nature stop change duration place supra location dunaway supra state law requiring suspect disclose name course valid terry stop consistent fourth amendment prohibitions unreasonable searches seizures petitioner argues nevada statute circumvents probable cause requirement effect allowing officer arrest person suspicious according petitioner creates risk arbitrary police conduct fourth amendment permit brief petitioner familiar concerns central opinion papachristou also decisions limiting operation stop identify statutes kolender brown petitioner concerns met requirement terry stop must justified inception reasonably related scope circumstances justified initial stop principles officer may arrest suspect failure identify request identification reasonably related circumstances justifying stop noted similar limitation hayes suggested terry may permit officer determine suspect identity compelling suspect submit fingerprinting reasonable basis believing fingerprinting establish negate suspect connection crime clear case request identification reasonably related scope circumstances justified stop terry supra officer request commonsense inquiry effort obtain arrest failure identify terry stop yielded insufficient evidence stop request state requirement response contravene guarantees fourth amendment iv petitioner contends conviction violates fifth amendment prohibition compelled fifth amendment person shall compelled criminal case witness qualify fifth amendment privilege communication must testimonial incriminating compelled see hubbell respondents urge us hold statements nrs requires nontestimonial outside clause scope decline resolve case basis testimonial accused communication must explicitly implicitly relate factual assertion disclose information doe see also hubbell stating one name may qualify assertion fact relating identity production identity documents might meet definition well noted hubbell acts production may yield testimony establishing existence authenticity custody items police seek even required actions testimonial however petitioner challenge must fail case disclosure name presented reasonable danger incrimination fifth amendment prohibits compelled testimony incriminating see brown walker noting answer witness directly show infamy tend disgrace bound answer claim fifth amendment privilege must establish ground apprehend danger witness compelled answer danger apprehended must real appreciable reference ordinary operation law ordinary course things danger imaginary unsubstantial character reference extraordinary barely possible contingency improbable reasonable man suffer influence conduct quoting queen boyes best cockburn stated kastigar fifth amendment privilege compulsory protects disclosures witness reasonably believes used criminal prosecution lead evidence might used suspects granted immunity prosecution may therefore compelled answer threat prosecution removed reasonable belief evidence used see case petitioner refusal disclose name based articulated real appreciable fear name used incriminate furnish link chain evidence needed prosecute hoffman best tell petitioner refused identify thought name none officer business even today petitioner explain disclosure name used criminal case recognize petitioner strong belief disclose identity fifth amendment override nevada legislature judgment contrary absent reasonable belief disclosure tend incriminate narrow scope disclosure requirement also important one identity definition unique yet another sense universal characteristic answering request disclose name likely insignificant scheme things incriminating unusual circumstances see baltimore city dept social servs bouknight suggesting fact state readily establish may render testimony regarding existence authenticity insufficiently incriminating cf california byers opinion burger every criminal case known must known arrested tried cf pennsylvania muniz opinion brennan even witnesses plan invoke fifth amendment privilege answer names called take stand still case may arise substantial allegation furnishing identity time stop given police link chain evidence needed convict individual separate offense case consider whether privilege applies fifth amendment violated remedy must follow need resolve questions judgment nevada affirmed larry hiibel petitioner sixth judicial district nevada humboldt county et al writ certiorari nevada june justice stevens dissenting nevada law issue case imposes narrow duty speak upon specific class individuals class includes persons detained police officer circumstances reasonably indicate person committed committing commit crime persons words targets criminal investigation statute therefore directed public large rather highly selective group inherently suspect criminal activities albertson subversive activities control nevada law member targeted class may compelled answer inquiry except command identify refusal identify oneself upon request punishable presumably statute require detainee answer question nevada legislature realized fifth amendment prohibits compelling target criminal investigation make statement judgment broad constitutional right remain silent derives fifth amendment guarantee person shall compelled criminal case witness amdt circumscribed suggests admit even narrow exception defined nevada statute doubt fifth amendment privilege available outside criminal proceedings serves protect persons settings freedom action curtailed significant way compelled incriminate miranda arizona settled principle police right request citizens answer voluntarily questions concerning unsolved crimes right compel answer davis mississipi protections fifth amendment directed squarely toward focus government investigative prosecutorial powers criminal trial indicted defendant unqualified right refuse testify may punished invoking right see carter kentucky unindicted target grand jury investigation enjoys constitutional protection even served subpoena see chavez martinez arrested suspect custodial interrogation police station miranda reason subject police interrogation based mere suspicion rather probable cause lesser protection indeed said fifth amendment protections apply equal force context terry stops see terry ohio officer inquiry must related scope justification stop initiation berkemer mccarty internal quotation marks omitted typically means officer may ask detainee moderate number questions determine identity try obtain information confirming dispelling officer suspicions detainee obliged respond ibid see also terry white concurring course person stopped obliged answer answers may compelled refusal answer furnishes basis arrest although may alert officer need continued observation given statements effect citizens required respond police officers questions terry stop surprise petitioner assumed right disclose identity correctly observes communication enjoy fifth amendment privilege unless testimonial although declines resolve question ante think clear case concerns testimonial communication recognizing whether communication testimonial sometimes difficult question doe stated generally information accused attempt force disclose contents mind implicates clause citations omitted vast majority verbal statements thus testimonial extent least fall within privilege certain acts physical evidence fall outside instances afforded fifth amendment tion disclosure question admitted content rather aspect considered light precedents compelled statement issue case clearly testimonial significant communication must made response question posed police officer recently explained albeit different context sixth amendment confrontation clause hatever else term covers applies minimum police interrogations crawford washington slip surely police questioning terry stop qualifies interrogation follows responses questions testimonial nature rather determining whether communication issue testimonial instead concludes state compel disclosure one identity incriminating ante cases afforded fifth amendment protection statements incriminating much broader sense suggests long settled fifth amendment protection encompasses compelled statements lead discovery incriminating evidence even though statements incriminating introduced evidence hubbell incriminating meant disclosures used criminal prosecution lead evidence might used kastigar communications words furnish link chain evidence needed prosecute claimant federal crime hoffman thus ompelled testimony communicates information may incriminating evidence privileged even information inculpatory hubbell citing doe given proper understanding category incriminating communications fall within fifth amendment privilege clear disclosure petitioner identity protected reasons assume disclosure petitioner name used incriminate furnish link chain evidence needed prosecute ante else officer ask else nevada legislature require disclosure circumstances reasonably indicate person committed committing commit crime correct petitioner refusal cooperate impede police investigation indeed accept predicate holding statute requires nothing useless invasion privacy think contrary nevada legislature intended provide police officers useful law enforcement tool existence statute demonstrates value information demands person identity obviously bears informational incriminating worth even name inculpatory hubbell name provide key broad array information person particularly hands police officer access range law enforcement databases information turn tremendously useful criminal prosecution therefore quite wrong suggest person identity provides link chain incriminating evidence unusual circumstances ante officer case told petitioner words conducting investigation needed see identification ante target investigation petitioner view acted well within rights opted stand mute accordingly respectfully dissent larry hiibel petitioner sixth judicial district nevada humboldt county et al writ certiorari nevada june justice breyer justice souter justice ginsburg join dissenting notwithstanding vagrancy statutes majority refers see ante fourth amendment precedents make clear police may conduct terry stop within circumscribed limits one limits invalidates laws compel responses police questioning terry ohio considered whether police absence probable cause stop question frisk individual recognized fourth amendment protects every individual possession control person quoting union pacific botsford time recognized certain circumstances public safety might require limited seizure stop individual consequently set forth conditions circumscribing police might conduct terry stop include become known reasonable suspicion standard justice white separate concurring opinion set forth conditions justice white wrote course person stopped obliged answer answers may compelled refusal answer furnishes basis arrest although may alert officer need continued observation years later brown texas held police lacked reasonable suspicion detain particular petitioner require identify noted trial judge asked following sure officers conducting terry stop ask everything possibly find asking state interest putting man jail want answer appendix opinion emphasis original referred justice white terry concurrence said need decide matter ibid five years later wrote officer may ask terry detainee moderate number questions determine identity try obtain information confirming dispelling officer suspicions detainee obliged respond berkemer mccarty emphasis added see also kolender lawson brennan concurring terry suspect must free decline answer questions put illinois wardlow stating ing officers stop question fleeing person quite consistent individual right go business stay put remain silent face police questioning lengthy history concurring opinions references clear explicit statements means statement berkemer technically dicta kind strong dicta legal community typically takes statement law law remained undisturbed years good reason reject statement law sound reasons rooted fifth amendment considerations adhering fourth amendment legal condition circumscribing police authority stop individual see ante stevens dissenting administrative considerations also militate change state addition requiring stopped individual answer name also require answer license number live police officer must know make terry stop keep track constitutional answers answers questions may may incriminate depending upon circumstances indeed majority points name even killer bill rough harry sometimes provide police link chain evidence needed convict individual separate offense ante majority reserves judgment whether compulsion permissible instances ante police officer midst terry stop distinguish majority ordinary case special case majority reserves judgment majority presents evidence rule enunciated justice white berkemer nearly generation set forth settled stop condition significantly interfered law enforcement majority presented convincing justification change begin erode clear rule special exceptions consequently dissent footnotes rev stat case petitioner charged violating makes crime willfully resis dela obstruc public officer discharging attempting discharge legal duty office violation provision misdemeanor unless dangerous weapon involved fifth amendment protection compelled applies fourteenth amendment due process clause see malloy hogan suspect may made example provide blood sample schmerber california voice exemplar dionisio handwriting sample gilbert california see pennsylvania muniz respondent answer birthday question protected content truthful answer supported inference mental faculties impaired doe content must testimonial significance fisher owever incriminating contents accountant workpapers might act producing thing taxpayer compelled involve testimonial gilbert deserves emphasis case presents question admissibility evidence anything wade said lineup implicates privilege rev stat suggests furnishing identification also allows investigating officer assess threat others see ante extent officer public safety immediately issue concern sufficiently alleviated officer ability perform limited patdown search weapons see terry ohio