Search results
Results from the WOW.Com Content Network
"Stop and identify" laws in different states that appear to be nearly identical may be different in effect because of interpretations by state courts. 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.
Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), as an example of a "stop and identify" statute the Court had voided on vagueness grounds. In Hiibel , the Court held that a Nevada law [ 7 ] requiring persons detained upon reasonable suspicion of involvement in a crime to state their name to a peace officer did not violate the ...
The mention that California's "stop-and-identify" law was voided in Kolender v. Lawson has figured prominently in many analyses. However, at least two post-Kolender cases in California, People v. Long (1987) 189 Cal.App.3d 77 and People v.
California law states police can only search your phone under these conditions.
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 ...
Washington's federal courthouse remains flooded with trials, guilty plea hearings and sentencings stemming from what has become the largest criminal investigation in American history. “We cannot ...
There is no “three-second rule” when it comes to stop signs, according to Shouse California Law Group. As long as a driver yields the right-of-way to others — and it is safe to do so — 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.