When is it Required to Give your Name to a LEO

[UnderratedF00l]

Hiibel v. Sixth Judicial District Court of Nevada defined that requiring a person detained by police to give their name and address was a minimal intrusion of the suspects privacy, and does not violate the Fourth or Fifth Amendments.

[UtahJarhead]

Ohhhh... gotcha. Does it still come attached with a requirement to detain? I'd assume so since they cops still can't walk up to any Joe Schmoe and say "What's your name and address? I didn't get my coffee this morning."

[UnderratedF00l]

Ohhhh... gotcha. Does it still come attached with a requirement to detain? I'd assume so since they cops still can't walk up to any Joe Schmoe and say "What's your name and address? I didn't get my coffee this morning."

No. Terry v. Ohio gives the requirements by which an officer may detain, but Hiibel itself did not create anything new. The case only clarified that Nevada's law that required someone to provide their name within a Terry stop wasn't against the Fourth or Fifth Amendments.

[UtahJarhead]

Many thanks for the clarification! Good to know.

[UnderratedF00l]

But Hiibel says people aren't required to provide a birth date, just name and address.

Just a minor quibble here - Hiibel said that a detainee is required to provide a name only. Utah law takes that a step further and requires a name, address, and an explanation of their actions (as per 77-7-15).

[setabkcin]

But Hiibel says people aren't required to provide a birth date, just name and address.

Date of birth just helps the identification process.

[UnderratedF00l]

But Hiibel says people aren't required to provide a birth date, just name and address.

Date of birth just helps the identification process.

It might help, but it's not required.

[setabkcin]

It might help, but it's not required.

This is true.

[Cinhil]

This is also being discussed in this thread too; "Confused. Are we required to notify LEOs nowadays?" I suggest they be merged by a moderator.

[divegeek]

What's Hiibel? Yes, I could Google it but that would take me to 17 sites which mention it, but don't define. And I'm wanting to carry on the conversation a bit in here!

First hit on Google:

http://en.wikipedia.org/wiki/Hiibel_v._ ... _of_Nevada