ASHINGTON,
June 21 - People who have given the police some reason to suspect that they
may be involved in a crime can be required to identify themselves unless
their very name would be incriminating, the Supreme Court ruled Monday in a
case that had raised concerns about the boundaries of personal privacy.
The 5-to-4 decision addressed a question that, surprisingly, had gone
unresolved for decades. But the answer the court gave was hardly definitive,
leaving for another day some of the more difficult issues of application.
The case was a challenge by a Nevada rancher to a state law requiring
people stopped in suspicious circumstances to identify themselves on the
request of a police officer. Twenty states, including New York, have such
laws on their books, as do a number of cities and towns.
The rancher, Larry D. Hiibel argued that his Fourth Amendment right
against unreasonable search and seizure and his Fifth Amendment right
against compelled self-incrimination were violated by the state law. Mr.
Hiibel's cause was taken up by an array of groups concerned with privacy in
an age when a name entered in an electronic database can provide a sometimes
startling amount of personal information.
Justice Anthony M. Kennedy's majority opinion rejected both
constitutional arguments, at least as they applied to Mr. Hiibel. As a
Fourth Amendment matter, Justice Kennedy said, the demand to identify
oneself is a logical corollary to the circumstances of a valid police stop,
as described by the court in a 1968 decision, Terry v. Ohio.
That decision permits a police officer to briefly detain, question and
conduct a pat-down search of a person whose behavior has given rise to
"reasonable suspicion," short of the probable cause necessary for a formal
arrest. Such an encounter is widely known as a "Terry stop."
"Obtaining a suspect's name in the course of a Terry stop serves
important government interests," Justice Kennedy said. "The request for
identity has an immediate relation to the purpose, rationale and practical
demands of a Terry stop," he added.
But as Justice Kennedy pointed out, in the 36 years since the Terry
decision, the court, while permitting a police officer to question a
suspect, had never explicitly decided whether the suspect had to answer or
could be arrested and prosecuted for refusing. He acknowledged that a number
of opinions, including a concurring opinion by Justice Byron R. White in the
Terry case itself, had indicated that there was not an obligation to
respond. But "we do not read these statements as controlling," Justice
Kennedy said, as long as the request for identification is made in the
context of a valid Terry stop.
In this case, Hiibel v. Sixth Judicial District Court, No. 03-5554, the
request by a deputy sheriff for Mr. Hiibel's name was valid, Justice Kennedy
concluded. The deputy had responded to a telephone report of a man hitting a
woman in the cab of a truck parked along a rural road. Arriving to
investigate a possible domestic assault, the deputy found a man who turned
out to be Mr. Hiibel standing outside the truck, with a young woman sitting
inside the cab. She turned out to be his daughter.
Eleven times, the deputy asked Mr. Hiibel for identification, and 11
times, he refused to provide it. The incident was caught by a video camera
on the deputy's car, and can be seen on Mr. Hiibel's Web site,
www.hiibel.com, along with Mr. Hiibel's description of the events and the
following description of him: "He lives a simple life, but he's his own
man."
Eventually, Mr. Hiibel was arrested and charged with the misdemeanor of
refusing to identify himself. He was convicted and fined $250. The Nevada
Supreme Court upheld his conviction.
In the ruling on Monday, the majority's analysis of Mr. Hiibel's Fifth
Amendment challenge to the law was more ambiguous than the Fourth Amendment
discussion. Mr. Hiibel argued that his conviction violated his Fifth
Amendment right against compelled self-incrimination. But "in this case
disclosure of his name presented no reasonable danger of incrimination,"
Justice Kennedy said, and so the case did not test the Fifth Amendment
limits of a compelled-identification law.
Justice Kennedy's basis for that conclusion was that Mr. Hiibel seemed to
have nothing to hide, refusing to identify himself "only because he thought
his name was none of the officer's business," the opinion said. Justice
Kennedy noted that "answering a request to disclose a name is likely to be
so insignificant in the scheme of things as to be incriminating only in
unusual circumstances."
He continued: "Still, a case may arise where there is a substantial
allegation that furnishing identity at the time of a stop would have given
the police a link in the chain of evidence needed to convict the individual
of a separate offense." The court could decide such a case at that point,
Justice Kennedy said.
This provoked a stinging dissent from Justice John Paul Stevens, who said
there was no basis for assuming that names were generally nonincriminating
or would not usually furnish a "link in the chain of evidence."
"Why else would an officer ask for it?" Justice Stevens said, adding,
"Indeed, if we accept the predicate for the court's holding, the statute
requires nothing more than a useless invasion of privacy."
In a separate dissenting opinion, Justice Stephen G. Breyer said that
despite the lack of a formal precedent directly on the point, there was a
"generation-old" understanding that people subjected to Terry stops were not
required to answer any questions. There was no indication that this
understanding "has significantly interfered with law enforcement," Justice
Breyer said, and no reason to change it at this point. Further, he said,
there was no way for "a police officer in the midst of a Terry stop" to know
whether the situation was the ordinary one or the "special case where the
majority reserves judgment."
Justices Ruth Bader Ginsburg and David H. Souter joined Justice Breyer's
dissenting opinion. Justice Kennedy's majority opinion was joined by Chief
Justice William H. Rehnquist and by Justices Sandra Day O'Connor, Antonin
Scalia, and Clarence Thomas.
"A Nevada cowboy courageously fought for his right to be let alone but
lost," the Nevada state public defender's office, which represented Mr.
Hiibel at the court, said in a statement posted on Mr. Hiibel's Web site.
Indeed, Mr. Hiibel, 59, became something of a folk hero in certain quarters
in the months his case was pending before the court.
The Cato Institute, a libertarian research organization here, filed a
brief on his behalf. Timothy Lynch, director of Cato's project on criminal
justice, said in an interview on Monday that "the ruling makes it extremely
difficult now for ordinary people to assert their constitutional rights
against the government." Mr. Lynch said the court had "blurred the line
between asserting your rights and committing the crime of obstruction of
justice."
But Marc Rotenberg, executive director of the Electronic Privacy
Information Center, which also filed a brief for Mr. Hiibel, said he was
encouraged by the suggestion in the majority opinion that a demand for
identification documents, as opposed to just a person's name, as in this
case, would have raised a deeper constitutional issue. Given an anticipated
debate over national identification cards, "we think that's good news," Mr.
Rotenberg said. His organization's brief emphasized the amount of
information currently available from interconnected databases.
With 4 cases decided Monday, the court now has 12 decisions to go before
it can conclude its term, most likely by the end of next week. Among them
are the three most closely watched cases of the term, asking the court to
define the legal status of detainees held as enemy combatants at Guantánamo
Bay, Cuba, and in a military prison in Charleston, S.C.