- Home
- Books and Journals
- Carolina Academic Press
- Understanding Criminal Procedure, Volume One: Investigation (CAP) (2017)
- Title
- Chapter 9 Arrests
§ 9.04 GROUNDS FOR ARREST: "STOP AND IDENTIFY" STATUTES
Jurisdiction | North Carolina |
§ 9.04. Grounds for Arrest: "Stop and Identify" Statutes
Nineteen states in 2004 had so-called "stop-and identify" statutes. In general, these statutes make it an offense for a person to refuse to provide her name — and, in some statutes, a driver's license or other form of identification—to a police officer upon request. In Brown v. Texas,24 two police officers stopped a man, B, on the street even though they lacked any objective grounds to believe that he was engaged in criminal conduct. They demanded that he identify himself. When he refused, they arrested B pursuant to a Texas statute that obligates a person to give his name and address to a police officer "who has lawfully stopped him and requested the information." The Court unanimously overturned B's conviction because the officers lacked valid Fourth Amendment grounds to seize him in order to request identification. In short, B had not been lawfully stopped as a constitutional matter, so the provisions of the stop-and-identify statute could not constitutionally be applied.
But what if they had lawfully stopped B, and then arrested him for failing to identify himself? That is essentially the issue in Hiibel v. Sixth Judicial Dist. Court,25 in which an officer lawfully stopped H, based on reasonable suspicion (but less than probable cause to believe) that H had been involved in an earlier assault of a woman. The officer asked H to identify himself, and when H repeatedly failed to do so, arrested H for obstructing the officer in the discharge of his lawful duties, under the authority of a Nevada statute that requires a person lawfully stopped to disclose her name to an officer upon request.
The Court held that the Nevada statute did not violate the Fourth Amendment.26 It stated that dicta in prior opinions, which suggested that a person who is questioned is "not obliged to answer . . . and refusal to answer furnishes no basis for an arrest,"27 were not controlling. The Court explained that, "the Fourth Amendment does not impose obligations on the citizen but instead provides rights against the government. As a result, the Fourth Amendment itself cannot require a suspect to answer questions. . . . Here, the source of the legal obligation [to identify oneself] arises from Nevada state law, not the Fourth Amendment."
According to Hiibel, although "an officer may not arrest a suspect for failure to identify himself if the request for identification is not reasonably related to the circumstances...
To continue reading
Request your trial- Title
- Chapter 9 Arrests
- § 9.01 "ARREST": OVERVIEW
- § 9.02 ARRESTS: COMMON LAW AND STATUTORY ARREST RULES
- § 9.03 CUSTODIAL ARRESTS FOR MINOR OFFENSES
- § 9.04 GROUNDS FOR ARREST: "STOP AND IDENTIFY" STATUTES
- § 9.05 ARREST WARRANTS: CONSTITUTIONAL LAW
- § 9.06 BEYOND WARRANTS: EXECUTING AN ARREST
- § 9.07 BEYOND WARRANTS: USE OF FORCE AFTER ARREST
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.