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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 ...
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch ' "; [1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", [2] and the suspicion must be associated with the ...
In turn, the law requires that the officer have a reasonable and articulable suspicion of criminal involvement, and that the person detained "identify himself," but the law does not compel the person to answer any other questions by the officer. The Nevada Supreme Court interpreted "identify" under the state's law to mean merely stating one's name.
Nevada Highway Patrol (NHP) used a legal loophole that allowed police officers to seize property under state law and then process it federally. When doing this, NHP received up to 80% of the ...
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.
The Nevada Highway Patrol exceeded its legal authority when it seized nearly $90,000 in cash from Stephen Lara in 2023 and then handed the case to the DEA.
O'Connor v. Ortega, 480 U.S. 709 (1987), is a United States Supreme Court decision on the Fourth Amendment rights of government employees with regard to administrative searches in the workplace, during investigations by supervisors for violations of employee policy rather than by law enforcement for criminal offenses.
The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...