Oct 24 2016

Is it suspicious to avoid the police when they might want to ask for ID?

In a case resting on the same Nevada law that was at issue in the Supreme Court’s 2004 decision in Hiibel v. Nevada, the 9th Circuit Court of Appeals has held that someone who runs away from approaching police can be found guilty of “obstructing” the police by denying them the opportunity to question him about his identity.

The 9th Circuit overturned findings by the U.S. District Court for the District of Nevada that the police lacked reasonable suspicion to detain the person in the first place and, even if they had a basis to detain him, lacked probable cause to arrest him. The decision signficantly undermines, in the 9th Circuit, the positive aspects and the limitations in the Supreme Court’s decision on police demands for ID in Hiibel v. Nevada, as well as the right to remain silent and the right to be free from unreasonable searches.

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