It turns out that a 'drunken cowboy' is representing a lot of blackfolks today in the Supreme Court. The Hiibel case as reported by Slate:
Cowboy Dudley Hiibel is challenging a Nevada statute, NRS 171.123 (3), which says the police can require someone detained pursuant to a so-called "Terry stop" to identify themselves. The Terry stop—cooked up in a 1968 case, Terry v. Ohio—carved out an exception to the old Fourth Amendment requirement that people can't be searched and seized absent "probable cause" to believe they'd committed a crime. If "probable cause" signified the level of police commitment necessary for a meaningful relationship with a criminal defendant, Terry authorized the one-night-stand, giving cops the right to initiate quickie detentions—including a brief, unerotic frisk—of folks who are sort of suspicious but not suspicious enough to justify an arrest. Several concurring opinions in Terry said that cops could ask questions during these brief encounters, but suspects had no obligation to answer. But in several cases over the years, the high court hasn't squarely addressed that the rule. The Nevada law, on the other hand, says the failure to provide your name during these stops is illegal. So, here we are.
What are your rights on the sidewalk? They may be about to change.
As Slate offered some comments from the presentation at the Supreme Court, I tend to prefer Ginsberg's line of inquiry. What are neutral facts about you that could be offered to a police officer which are not incriminating? Is your name such a neutral fact? I'm not convinced that it is. I think that what is or is not neutral is entirely dependent on the subjective state of the officer involved, and because of that I would try to be very specific as to what kind of questions an officer might pose which would legally require responses.
For example, what if my name was Charles Manson and since I was just walking, I didn't have my wallet or ID? Is my name a neutral fact? Will he ask me to prove it? Should I have to?
Posted by mbowen at March 23, 2004 09:05 AM | TrackBack
I grew up in Detroit,I'm 58.Childhood acquaintance in the eastside neighborhood name was John Doe(made the transition),the power the police had over the neighborhood was absolute,as much as we like John you didn't want to be with him if fate dealt you a bad hand .Whats yor name boy,oh you trying to be funny?Don;t have to guess that an asskicking could be awaiting.
Posted by: tootsie at March 24, 2004 06:48 AMtootsie