HIIBEL v. SIXTH JUDICIAL DIST. COURT OF NEV., HUMBOLDT CTY.

No. 03-5554.

542 U.S. 177 (2004)

HIIBEL v. SIXTH JUDICIAL DISTRICT COURT OF NEVADA, HUMBOLDT COUNTY, ET AL.

Supreme Court of United States.

Decided June 21, 2004.


Attorney(s) appearing for the Case

Robert E. Dolan argued the cause for petitioner. With him on the briefs were James P. Logan, Jr., and Harriet E. Cummings.

Conrad Hafen, Senior Deputy Attorney General of Nevada, argued the cause for respondents. With him on the brief were Brian Sandoval, Attorney General, and David Allison.

Sri Srinivasan argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General Wray, Deputy Solicitor General Dreeben, and Joel M. Gershowitz.*

KENNEDY, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, SCALIA, and THOMAS, JJ., joined. STEVENS, J., filed a dissenting opinion, p. 191. BREYER, J., filed a dissenting opinion, in which SOUTER and GINSBURG, JJ., joined, p. 197.


JUSTICE KENNEDY delivered the opinion of the Court.

The petitioner was arrested and convicted for refusing to identify himself during a stop allowed by Terry v. Ohio, 392 U.S. 1 (1968). He challenges his conviction under the Fourth and Fifth Amendments to the United States Constitution, applicable to the States through the Fourteenth Amendment.

I

The sheriff's department in Humboldt County, Nevada, received...

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