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  #1  
Old 03-25-2004, 07:01 PM
olderdude
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This decision could have a profound affect

on every person living in the United States.

Before the U.S. Supreme Court is the following case that I implore every red blooded American citizen read.

Hiibel v. Sixth Judicial District Court of the State of Nevada et al. Docket No. 03-5554
It can be found here

Also there is a video of the actual incident. Very slow load.
It can be found here

I’ll reserve comments until later so the reader can form their own opinion.

Jim

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  #2  
Old 03-25-2004, 07:33 PM
resqguy
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This may not be the response that you are looking for but here goes.

I'm not going to address the "interpretation" of all the previous court rulings or the constitutionality of a potential ruling. I will leave that to all the high paid lawyers.

I do believe that citizens, and non-citizens, are required to identify themselves to law enforcement, if requested, in this or a similar situation. A ruling to the contrary will make the job of law enforcement more difficult than it already is. If you have nothing to hide, this should not be an issue. If you are a criminal or terrorist than I can see why you would not want to be compelled to identify yourself.
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Old 03-25-2004, 07:46 PM
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1) Is the goverment action an intrussion? Arguably any request by the government is an intrussion, yet we still require 18 year olds to show up to register for a draft system we don't use. You can be imprisioned for contempt of court if you don't respond to a notice for jury duty

2) Is there a legitimate or valid governmental interest in the intrussion? Public safety and the safety of law enforcement officials is at issue, so easy one here, there is a valid and legitimate governmental interest in obtaining the identity of suspects or witnesses.

3) Is the action being carried out in the least obtrussive means? While forcing every person in the US to be tatoo'd with a serial number, micro chip implanting, DNA sampling, dental records and geneology tracing are all alternatives, requesting the information does appear to be the least intrussive means.
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Old 03-25-2004, 08:11 PM
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I think the man will get off on a technicality, the cops forgot to give the Nazi salute.
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  #5  
Old 03-25-2004, 09:12 PM
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I don't know what the big deal is about cooperating with police by providing ID. The downside of codifying providing ID on demand by law enforcement is that police could will then, reasonably, use failure to provide ID as probable cause for more intrusive investigation.

In general, I hate the idea of codifying more power to the state and less to the citizen. Its going to make bad law, either way.

Botnst

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