Fifteen states grant law enforcement authority to inquire concerns, with varying wording, but never explicitly impose an obligation to reply:
Provided the suspect either states his identify or communicates it for the officer by other indicates—a choice, we presume, the suspect could make—the statute is happy and no violation happens. — 542 U.S. at 185
The Nevada "stop-and-establish" regulation at challenge in Hiibel allows law enforcement officers to detain anyone encountered beneath situations which reasonably reveal that "the individual has committed, is committing or is going to commit against the law"; the individual can be detained only to "verify his id as well as the suspicious situations surrounding his presence overseas.
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Nonetheless, a situation may possibly arise where by There's a considerable allegation that furnishing identification at enough time of a stop might have given the law enforcement a connection in the chain of proof needed to convict the person of the independent offense.
Exclusively, for undocumented immigrants, the DHS Web-site notes that driver’s licenses and identification cards can nonetheless be issued with the state, but not REAL IDs: “Some states presently challenge noncompliant cards to undocumented people.
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[seventeen] Also, a law enforcement officer does not have the authority to look you or your belongings throughout a Terry stop and here you need to safeguard your Fourth Modification legal rights by not consenting into a lookup all through this type of stop. In the event the officer contains a foundation for believing the individual stopped provides a weapon, the officer might conduct a “pat down” or “frisk” of the individual’s outer apparel.[eighteen]
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Related refusal following arrest for the misdemeanor or infraction did not violate the statute since the Legislature experienced "set up other ways of working with this sort of nondisclosure". ^