"My conclusion from reading Hiibel is that a person is required to state his name only if the state had a reasonable suspicion that a crime had been committed."
But once asked his name, Hiibel could not "take the Fifth" (absent some articulable reason), as opposed to any other question he could have been asked, where he could remain silent (with or without a reason) without fear of punishment.
no subject
Date: 2011-01-26 08:08 pm (UTC)But once asked his name, Hiibel could not "take the Fifth" (absent some articulable reason), as opposed to any other question he could have been asked, where he could remain silent (with or without a reason) without fear of punishment.