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Authors

John Famum

Abstract

Suppose that someone calls the police and alerts them to a crime that has been committed. Using the information provided, the police stop you because you fit the description of the person reported. If the police ask your name, must you give it? The United States Supreme Court believes you must if the state you are in has passed a law requiring you to give your name. In a factual situation very similar to this, the United States Supreme Court held in Hiibel v. Sixth Judicial District Court that the Nevada law requiring a person to provide his name in this situation does not violate either the Fourth or Fifth Amendment. This note examines the Hiibel decision and its effect on the future. Part II reviews the history behind the Court's current view of Fourth Amendment seizures of person and the Fifth Amendment's prohibition against compelled self-incrimination. Part III examines the majority opinion and dissent of Hiibel. Finally, Part IV discusses the effect of the Hiibel decision on Fourth and Fifth Amendment jurisprudence.