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For example, California "stop and identify" law, Penal Code §647(e) had wording [37] [38] [39] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v. Solomon (1973), 33 Cal.App.3d 429 construed the law to require "credible and reliable" identification that carries a "reasonable assurance" of its authenticity.
A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. [1] [2] Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk.
Terry v. Ohio, 392 U.S. 1 (1968) — stop and frisk for weapons OK for officer safety; Sibron v. New York, 392 U.S. 40 (1968) — companion case to Terry. Peters v. New York (1968) — companion case to Terry contained in Sibron
Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), is a United States Supreme Court case in which the Court held that a statute requiring suspects to disclose their names during a valid Terry stop does not violate the Fourth Amendment if the statute first requires reasonable suspicion of criminal involvement, and does not violate the Fifth Amendment if there is no ...
California law states police can only search your phone under these conditions.
In North Carolina, for example, a voter ID law approved by voters in 2018 was challenged in court within 15 minutes of being enacted. The state supreme court eventually struck down the law, ruling ...
The deadline to obtain a California Real ID for U.S. domestic travel is officially less than a year away. Beginning May 7, 2025 , the new federal identification requirements take effect in California.
The three main categories of searches are a search of a house, automobile or pedestrian. In the case of an automobile, it is assumed the officer has already seized the car and the encounter is a Terry stop. When an officer returns a driver's identification, the encounter has been transformed into a consensual encounter.