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Essay / Hiibel V. Sixth Judicial District Court of Nevada,...
Hiibel V. Sixth Judicial District Court of Nevada, Humboldt CountyCitation: 542 US 177 (2004)Facts of the case: The Sheriff's Department of Humboldt County, Nevada, responded to a 911 call reporting an assault. The 911 caller reported seeing a man assault a woman while driving a GMC truck on a local road. The Sheriff's Department responded by sending Deputy Sheriff Lee Dove to investigate. The officer arrived in the reported area and found the truck parked on the side of the road with a man standing next to it. The officer approached the truck and explained to the man that he was investigating a 911 call. The deputy then asked the man for any identification and the man refused to provide the deputy any form of identification. The deputy asked the man a total of 11 times for his identification and refused each time. The deputy then warned the man that he was going to arrest him if he did not obey. The deputy proceeded to arrest the man and later discovered the man's name was Larry D. Hiibel. He was charged with "willfully resisting, delaying, or obstructing a public officer in the performance or attempt to discharge any lawful duty of his office," which is a Nevada law called "stop and identify " statute. Hiibel was convicted of the crime in Union Township Justice Court and fined $250. Hiibel later appealed his conviction to the Sixth Judicial District Court, Supreme Court of Nevada and the Supreme Court of the United States Issue: Whether the arrest and conviction of a person for failing to provide his or her identity to law enforcement officers violates the Fifth Amendment right not to. not to incriminate themselves and their Fourth Amendment right to be free from unreasonable search? Pr case...... middle of paper ......e databases of law enforcement This information may then be used in criminal proceedings against that person. Impact of the Case on Discretion: The U.S. Supreme Court's decision in this case impacted discretion in favor of law enforcement and arguably the public. I believe that law enforcement officers should have the discretion to ask a person suspected of committing a crime to identify themselves. Without police discretion to ask suspects to identify the number of people arrested on unrelated warrants would almost certainly decrease because officers would not be able to check if they have warrants without identifying them. Additionally, in identifying a person suspected of a crime, law enforcement officers can check the suspect's background to see if there are any prior charges related to the crime the person is suspected of committing...