Hiibel v. Sixth Judicial District Court of Nevada
Under Terry v. Ohio,
Nevada state law allows an
officer to detain a suspect based on a reasonable indication of the commission
of a crime, a threshold less than probable cause. However, the Nevada
law also allows officers to demand that the detained individual identify
themselves. The particular case addressed here which challenges this Nevada
law, Hiibel v. Sixth Judicial District Court of Nevada, brings up
the question of whether the Fourth Amendment of the U.S. Constitution protects
individuals from being required to identify themselves during police stops
based on less than probable cause.
This amicus curiae brief was filed in support of the
petitioner by NLCHP and five allied organizations. It addresses the barriers
faced by homeless people in obtaining identification, their increased
likelihood to be stopped by police, as well as the increased effort by local
governments to criminalize homelessness. Given the circumstances of homelessness,
it is unreasonable to allow Nevada
officers to demand identification for anything less than probable cause.
This brief concludes by stating that the Nevada
law should be overturned.