Hiibel v. Nevada -- Anonymity and Compelled ID

Mr. Larry Hiibel was found outside his parked truck by police investigating a report of violence inside a truck. The cops demanded ID under a law that had already been ruled unconstitutional (by the Ninth Circuit Court of Appeals) in the way it had been applied to an earlier suspect. Mr. Hiibel refused, and was arrested for "obstructing or delaying a police officer in the performance of their duty" (the same bogus "crime" that I was arrested for in the San Francisco airport in the 1990s). Several Nevada courts found him guilty, including the Nevada Supreme Court, where the majority responded with idiotic rhetoric about how the existence of terrorists requires us all to give up our liberties.

The dissenters on the Nevada Supreme Court actually looked at the law and the precedents, and said Mr. Hiibel was not guilty of anything, because there is no requirement under the Fifth Amendment that anyone reply to questions asked by a police officer. Mr. Hiibel appealed to the Supreme Court, and the Supreme Court agreed on October 20, 2003, to review the case.

Current Status (18 Nov 2003): Briefs will be filed in the Supreme Court by December 5, 2003, with oral argument likely in March 2004.

Nevada Supreme Court opinion

EPIC's summary of the case, including links to all the documents filed in the case

FindLaw index on the case, including (few) links to briefs and docket

AP news story on the Supreme Court taking the case

Home Legal Statements Press Cases Links About Contacts