Court: |
US Supreme Court |
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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. |
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Posture: |
Convicted at trial, affirmed on appeal; NV supreme court declines
to hear the fifth amendment challenge. Appeal. |
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Issue: |
Is it a violation of fourth or fifth amendment rights to require ID? |
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Holding: |
Not per se, and not in this case. |
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Rule: |
The fifth amendment would only protect if the communication were
testimonial, incriminating, and compelled. The request for ID
is authorized by NV statute. |
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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. |
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Dicta: |
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