The Arkanssouri Blog.: Apparently, you DON'T have the right to remain silent...

Tuesday, June 22, 2004

Apparently, you DON'T have the right to remain silent...

... about your name, anyway. Here's one story, in which the headline writer does not understand the concept of "rights." Individuals have rights. The police have powers.

A better article is here:

The encounter happened after someone called police to report arguing between Hiibel and his daughter in a truck parked along a road. An officer asked him 11 times for his identification or his name.

Hiibel repeatedly refused, at one point saying, "If you've got something, take me to jail" and "I don't want to talk. I've done nothing. I've broken no laws."


Is arguing with your daughter illegal? If not, then why is it any of the police's business WHAT this guy's name is?

The court ruled that forcing someone to give police their name does not violate their Fourth Amendment protection from unreasonable searches. The court also said name requests do not violate the Fifth Amendment right against self-incrimination, except in rare cases.


But what ABOUT those 'rare cases'? Do rights not apply to the minority in America anymore?

"One's identity is, by definition, unique; yet it is, in another sense, a universal characteristic. Answering a request to disclose a name is likely to be so insignificant in the scheme of things as to be incriminating only in unusual circumstances," Justice Anthony M. Kennedy wrote for the majority.


This is new-age, self-contradictory bullplop. Has Kennedy been hanging around the Clintons too much? Rights exist independently of the "insignificance" of respecting them, and they are to be respected even in "unusual circumstances."

The ruling was a follow up to a 1968 decision that said police may briefly detain someone on reasonable suspicion of wrongdoing, without the stronger standard of probable cause, to get more information. Justices said that during such brief detentions, known as Terry stops after the 1968 ruling, people must answer questions about their identities.

So, arguing with your daughter is now considered "wrongdoing."

Polish your jackboots, justices.

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