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As of February 2011, there is no U.S. federal law requiring that an individual identify themself during a Terry stop, but Hiibel held that states may enact such laws, provided the law requires the officer to have reasonable and articulable suspicion of criminal involvement, [28] and 24 states have done so. [29]
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.
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 ...
Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), in which the Supreme Court held that a state law requiring the suspect to identify himself during a Terry stop did not necessarily violate the Fourth Amendment prohibitions of unreasonable searches and seizures or the Fifth Amendment privilege against self-incrimination (although it ...
United States — pretextual stop; Maryland v. Wilson, 519 U.S. 408 (1997) — applies to passengers of car; Illinois v. Wardlow, 528 U.S. 119 (2000) — inference of suspicion from flight (can be extended to any evasive movement)
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A traffic stop is usually considered to be a Terry stop and, as such, is a seizure by police; the standard set by the United States Supreme Court in Terry v. Ohio regarding temporary detentions requires only reasonable articulable suspicion that a crime has occurred or is about to occur. [1]
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