Page 28 - Original 2020 Legal Guide By Jack Ryan

Task: Arrest of Person Who Fails to Identify Themselves During Valid

“Terry” Stop

Hiibel v. Humboldt County, 542 U.S. 177 (2004).

Police may enforce state laws that require a person to identify

themselves during a valid “Terry” stop.

Requirements:

1. Must have a valid “Terry” stop.

2. Can ask subject for name. (Court did not go any further in deciding

whether a demand for valid and credible identification could be

made and suggested that such a demand cannot be made)

3. In order to arrest, there must be a state statute requiring that

person’s validly stopped relative to criminal activity identify

themselves.

©2020 Jack Ryan Legal & Liability Risk Management Institute 27