Supreme Court established that police may conduct a limited search for weapons (known as a " frisk") if the police reasonably suspect that the person to be detained may be armed and dangerous. Many state laws explicitly grant this authority. Police may briefly detain a person if the police have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Reasonable suspicion Ī person is detained when circumstances are such that a reasonable person would believe the person is not free to leave. Police are not required to tell a person that he or she is free to decline to answer questions and go about his or her business however, a person can usually determine whether the interaction is consensual by asking, "Am I free to go?". The person approached is not required to identify themselves or answer any other questions, and may leave at any time. Police may suspect involvement in a crime, but may lack knowledge of any "specific and articulable facts" that would justify a detention or arrest, and hope to obtain these facts from the questioning. "Stop and identify" laws pertain to detentions.ĭifferent obligations apply to drivers of motor vehicles, who generally are required by state vehicle codes to present a driver's license to police upon request.Īt any time, police may approach a person and ask questions. In the United States, interactions between police and others fall into three general categories: consensual ("contact" or "conversation"), detention (often called a Terry stop, after Terry v. Additional states (including Arizona, Texas, South Dakota and Oregon) have such laws just for motorists, which penalize the failure to present a driver license during a traffic stop.Įncounters between law enforcement and the general public The Nevada Supreme Court interpreted "identify" under the state's law to mean merely stating one's name.Īs of April 2008, 23 other states had similar laws. The Nevada "stop-and-identify" law at issue in Hiibel allows police officers to detain any person encountered under circumstances which reasonably indicate that "the person has committed, is committing or is about to commit a crime" the person may be detained only to "ascertain his identity and the suspicious circumstances surrounding his presence abroad." In turn, the law requires that the officer have a reasonable and articulable suspicion of criminal involvement, and that the person detained "identify himself," but the law does not compel the person to answer any other questions by the officer. The court also held that the Fifth Amendment could allow a suspect to refuse to give the suspect's name if he or she articulated a reasonable belief that giving the name could be incriminating. Supreme Court invalidated a California law requiring "credible and reliable" identification as overly vague. However, some "stop and identify" statutes that are unclear about how people must identify themselves violate suspects' due process right through the void for vagueness doctrine. Sixth Judicial District Court of Nevada (2004), the Supreme Court held that statutes requiring suspects to disclose their names during a valid Terry stop did not violate the Fourth Amendment. An officer may conduct a patdown for weapons based on a reasonable suspicion that the person is armed and poses a threat to the officer or others. Supreme Court established that it is constitutional for police to temporarily detain a person based on "specific and articulable facts" that establish reasonable suspicion that a crime has been or will be committed. The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants to be supported by probable cause. If there is not reasonable suspicion that a person has committed a crime, is committing a crime, or is about to commit a crime, the person is not required to identify themself, even in these states. states that authorize police to lawfully order people whom they reasonably suspect of committing a crime to state their name. "Stop and identify" statutes are laws in several U.S. Missouri, which has a stop and identify statute that only applies to Kansas City Information as of 1 February 2018.
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