4 ms·
I would think that the only reason you can be arrested for refusing to answer #1 is because driving requires a license. Being stopped on the street or while no
by mckoss 11y ago
I would think that the only reason you can be arrested for refusing to answer #1 is because driving requires a license. Being stopped on the street or while not operating the vehicle does not require you identify yourself to the police. They would then need some independent probable cause to believe you are wanted in connection to a crime.
- tptacek 11y agoThat's probably not true anymore; see Hiibel.
- mckoss 11y agoIronically, you can only refuse to provide your name if you have a "reasonable belief" that doing so could incriminate you! ----- Justice Kennedy wrote, "While we recognize petitioner's strong belief that he should not have to disclose his identity, the Fifth Amendment does not override the Nevada Legislature's judgment to the contrary absent a reasonable belief that the disclosure would tend to incriminate him."
- tptacek 11y agoYes, Hiibel sucks. I thought the "no 'Papers please' in America" argument had some real force. You win some & you lose some.