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State statutes that permit police to arrest and prosecute a subject who refuses to identify himself in the course of a valid Terry stop are constitutional. (Hiibel v. Sixth Judicial Dist. Court of Nevada) Until now, whether a suspect can be arrested and prosecuted for refusing to answer an officer's demand for identification has been an open question. If your state has a so called "stop and identify" statute, the United States Supreme Court recently decided that it might be a useful tool to keep in your duty bag.
A Nevada sheriff's department responded to a report of a domestic assault. Upon arrival, the officer observed a truck matching the caller's description parked on the side of the road. A woman was seated in the truck and a man was standing along side it. The officer explained to the male subject that he was investigating a report of an assault and asked the man for identification.
The man refused and asked why the officer needed to know his name. The officer again explained the purpose of his request and the man refused. The officer unsuccessfully asked for identification 11 times before placing him under arrest for "willfully resisting, delaying, or obstructing a public officer in discharging or attempting to discharge any legal duty of his office."
To ascertain a suspect's identity and the "suspicious circumstances surrounding his presence abroad," Nevada law permits a police officer to detain...