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HIIBEL v. SIXTH DIST. CT. EX REL. HUMBOLDT

No. 38876.

59 P.3d 1201 (2002)

Larry D. HIIBEL, Petitioner, v. The SIXTH JUDICIAL DISTRICT COURT of The State of Nevada, in and for the COUNTY OF HUMBOLDT, and the Honorable Richard A. Wagner, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

December 20, 2002.

Attorney(s) appearing for the Case

Steven G. McGuire, State Public Defender, and James P. Logan, Chief Deputy Public Defender, Carson City, for Petitioner.

Frankie Sue Del Papa, Attorney General, Carson City; David G. Allison, District Attorney, and Conrad Hafen, Chief Deputy District Attorney, Humboldt County, for Real Party in Interest.

Before the Court En Banc.

OPINION

YOUNG, C.J.

The pertinent issue before us is whether NRS 171.123(3), which requires a person stopped under reasonable suspicion by a police officer to identify himself or herself, violates the Fourth Amendment of the United States Constitution. We conclude NRS 171.123(3) does not violate the Fourth Amendment because it strikes a balance between constitutional protections of privacy and the need to...

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