Hibel v. Sixth Judicial District Court of Nevada, Essay Example

In the case of Hibel v. Sixth Judicial District Court of Neveda, the Fourth and Fifth Amendment rights were challenged. The sheriff’s department received a call regarding a recent assault. The Sheriff was dispatch to investigate and upon his arrival on the scene, he found a truck parked on the side of the road. The officer observed skid marks behind the truck and the man was standing outside of the truck and a young woman was inside. The officer explained the situation to the man standing outside of the truck and while talking to him he appeared to be intoxicated. He asked Hibel for identification, the man refused questioning the reason as to why his identification was even necessary. The unidentified man drew agitated with the request insisting he did nothing wrong. The officer requested an identification 11 times which was refused, and the officer told him he would be arrested if he failed to comply.

Larry Hibel was arrested and charged with willfully resisting arrest, delaying and or obstructing a police office in his legal duties to fulfill an investigation. The government found that Hibels refusal to identify himself was an obstruction for the officer to fulfill his duties. Hibel was found guilty and charged a small fine. He appealed and the Sixth Judicial District Court affirmed the findings of the other court. Hibels argument was that asking for his identification was a violation of his Fourth and Fifth Amendment rights under the Constitution of the United States. However, the Sixth Judicial District Court did not agree, and dismissed his claims. Hibel petitioned for a rehearing and his petition was denied without an opinion