SCOTUS: No right to remain silent


iconThe Supreme Court has repealed the Fourth and Fifth Amendments and ruled that "papers please" requests by police are not unConstitutional. The SCOTUS heard the case of Larry "Dudley" Hiibel, who was arrested and convicted in Nevada for failing to give an officer his name.

If you watch the dash-cam video and read the transcript of the Terry stop and arrest, you'll see that the police officer has no reason to request identification from Hiibel. He is standing on the side of the road chatting with his daughter. Police claimed the two were fighting and they are responding to a domestic disturbance call. The officer claims he's performing an investigation. When asked what he's investigating, the best the officer can come up with is "I'm investigating an investigation."

The verbal sparring resulted in the arrest of Larry Hiibel, and the unwarranted assault face-plant and arrest of his daughter, whom the police were supposed to be protecting. The only charges that stuck were for "delaying" a police officer, for which Hiibel was fined $250. He appealed the conviction all the way to the Supreme Court, claiming that his Fourth Amendment protection against unreasonable searches and seizures, and his Fifth Amendment protection against self incrimination had been violated.

By a vote of 5-4, the Supreme Court disagreed. I think Justice Kennedy's remark pretty much sums it up. (emphasis mine)

"Obtaining a suspect's name in the course of a Terry stop serves important government interests," Kennedy wrote.
AUGH! Far be it for a citizen's Constitutionally protected civil rights to get in the way of "important government interests".

It used to be that the Constitution protected the rights of individuals. Now it's seen as an obstacle (albeit a minor one) to "important government interests".


Comments

Well you know who's fault that is, Dubya's.

Posted by: Tobias at June 21, 2004 5:32 PM

The citizens are developing some compelling interests of their own....

Posted by: Brett at June 23, 2004 5:52 PM

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