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A recent decision of the U.S. Supreme
Court affects many existing “know-your-rights” brochures and pamphlets for
immigrants.
The Court upheld a Nevada law that
authorizes police officers to detain individuals whom they encounter under
suspicious circumstances and who refuse to identify themselves when asked to do
so. The Court’s ruling, Hiibel v. Sixth Judicial District Court of Nevada,
Humboldt County, No. 03-5554 (June 21, 2004), is very narrow, relying on the
limited reach of the Nevada statute, which applies only to situations in which
an officer reasonably suspects that a crime has been or is being committed, and
which requires the individual who is stopped to provide his or her name.
Importantly, the Nevada statute does not require the individual to show any
document or answer any other question.
The decision does not resolve whether a
statute that required presentation of a driver’s license or other identity
documents would be constitutional. Nor does the decision require that a suspect
identify him or herself in every case; the Court recognized that there may be
cases where just giving one’s name may constitute self-incrimination. Four
justices dissented from the ruling.
For immigration purposes, it is
important to stress the ruling’s limited scope. Immigrants who are
stopped by police and asked to identify themselves, in jurisdictions with laws
that require them to do so, generally now must provide their names, but the
ruling requires nothing further. Because it is difficult to know with
certainty whether one is in a location where a state law (or even a county
ordinance) requires a suspect to provide his or her name to the police, it is
safest to assume that one must. However, the ruling does not apply to
questioning by the Border Patrol and other immigration officers, as they have no
authority to enforce state or local laws.
For a more detailed explanation of the
decision, see “Supreme Court
Upholds State Law Requiring Individuals to Identify Themselves When Asked During
Investigative Stop,” Immigrants' Rights Update, July 2004.
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