Hiibel v. Nevada

2004

Court: US Supreme Court

Facts: There's a report of some domestic violence. The cops show up, and there's Hiibel, in a situation mostly like what the report described. They ask him for ID, and he declines. Arresting ensues.

Posture: Convicted at trial, affirmed on appeal; NV supreme court declines to hear the fifth amendment challenge. Appeal.

Issue: Is it a violation of fourth or fifth amendment rights to require ID?

Holding: Not per se, and not in this case.

Rule: The fifth amendment would only protect if the communication were testimonial, incriminating, and compelled. The request for ID is authorized by NV statute.

Reasoning: ID is not incriminating in this case. Maybe not testimonial either. Fourth Amendement protections are balanced against the promotion of legitimate government interests: the NV statute requiring ID is such an interest.

Dicta: