Nevada Case Threatens to Expand Terry Stops

Publication Year:
2004
Usage 33
Abstract Views 20
Downloads 13
Repository URL:
https://scholarship.law.umassd.edu/fac_pubs/80
Author(s):
Spencer, Shaun B.
Tags:
Nevada; law; officers; identity; state; stop and frisk cases; enforcement; investigatory stop; criminal; activity; frisk; armed; dangerous; identification; suspicion; privacy; anonymity; supreme judicial court; article 14; Massachusetts declaration of rights; 4th amendment; fourth amendment; automobile stops; detainee; Criminal Law; Fourth Amendment; Law
article description
This term, the U.S. Supreme Court will review a Nevada decision authorizing police to arrest people for refusing to identify themselves. If affirmed, the decision could reshape how privacy is viewed in the criminal context throughout the United States, and could prompt the Massachusetts Supreme Judicial Court to depart from the Supreme Court’s approach to stop-and-frisk cases. The case is Hiibel v. Sixth Judicial District Court, 59 P.3d 1201 (Nev. 2002), cert. granted, 124 S. Ct. 430 (2003).