CRJU 3315 Chapter Notes - Chapter 4: Terry Stop, Intrusiveness, Hiibel V. Sixth Judicial District Court Of Nevada
Document Summary
Ts can be challenged as unlawful when a suspect is treated as if they are being subjected to a probable cause arrest rather than to a reasonable suspicion stop. Inquiry focuses on 3 areas: movement, length of detention, intrusiveness. Ts doesn"t permit involuntary/significant mvmt of suspect unless required for safety/security reasons of officer (can"t be taken to police station) Limited duration of ts; can"t be subjected to lengthy detention or interrogation. Police have to use least intrusive methods to investigate with minimal interference on suspect"s individual freedom (can"t be detained) Larry hiibel was arrested and convicted in nevada state court for failing to identify himself to a police officer who was investigating an assault. Nevada, and many other states, has a law that requires a person to tell an officer his name if asked. Hiibel challenged the conviction, claiming it violated his fifth amendment right not to incriminate himself and his fourth amendment right to be free from unreasonable searches.
