Hiibel v. Sixth Judicial District Court Of Nevada, Humboldt County

542 U.S. 177 (2004)

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Nature of the Case

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Facts

A caller reported seeing a man assault a woman in a red and silver GMC truck on Grass Valley Road. When the officer arrived, he found the truck parked on the side of the road. A man was standing by the truck, and a young woman was sitting inside it. The officer observed skid marks in the gravel behind the vehicle, leading him to believe it had come to a sudden stop. The officer approached and explained that he was investigating a report of a fight. The man appeared to be intoxicated. The officer asked for identification 11 times and was refused each time. After warning the man that he would be arrested if he continued to refuse to comply, the officer placed him under arrest. Hiibel (D) was charged with 'willfully resist[ing], delay[ing], or obstruct[ing] a public officer in discharging or attempting to discharge any legal duty of his office' in violation of Nev. Rev. Stat. (NRS) §199.280 (2003). The statute allows an officer to detain a person pursuant to this section only to ascertain his identity and the suspicious circumstances surrounding his presence abroad. Any person so detained shall identify himself, but may not be compelled to answer any other inquiry of any peace officer. D was convicted and fined $250. The Sixth Judicial District Court affirmed. The Supreme Court of Nevada rejected the Fourth Amendment challenge in a divided opinion. D petitioned for rehearing, seeking explicit resolution of his Fifth Amendment challenge. The petition was denied without opinion. The Supreme Court granted certiorari.