Duke Law School

Program in Public Law

Hiibel v. Sixth Judicial Court of Nevada

Hiibel was arrested after repeatedly refusing to identify himself to a police officer. The officer had been called to the scene by a citizen who saw someone hitting a female passenger inside a truck. Hiibel was convicted of resisting a public officer. He appealed the conviction on the grounds that the Nevada statute that requires a person stopped under reasonable suspicion by a police officer to identify himself violates the Fourth Amendment of the United States Constitution. The Supreme Court of Nevada upheld the statute, concluding that it did not violate the Fourth Amendment because any intrusion on privacy caused by the statute is outweighed by the benefits to officers and community safety, and the public interest in requiring individuals to identify themselves to officers when a reasonable suspicion exists is overwhelming.

Question Presented:
Whether a state statute requiring persons stopped under reasonable suspicion by a police officer to identify themselves violates the Fourth Amendment.

Decision under Review

Supreme Court Opinion

Commentary

Edited Opinion